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Garcia v. Brockway

526 F.3d 456 (2008)

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Garcia v. Brockway

United States Court of Appeals for the Ninth Circuit
526 F.3d 456 (2008)

  • Written by Alexander Hager-DeMyer, JD

Facts

Dennis Brockway (defendant) built the South Pond Apartments, and eight years after construction, Noll Garcia (plaintiff) rented one of the units. Garcia used a wheelchair for mobility, and his apartment did not comply with the design and construction requirements established in the Fair Housing Act (FHA). Garcia filed suit against Brockway and his architect, Robert Stewart (defendant), as well as the current property owners of the apartments. Garcia settled with the property owners, and the district court granted summary judgment to Brockway and Stewart, finding that Garcia’s design-and-construction claim was not filed within the statute-of-limitations period. Garcia appealed the decision to the Ninth Circuit, which consolidated the case with another FHA statute-of-limitations case. In the companion case, a tester for a disability-rights organization found FHA design and construction violations in an apartment complex built seven years prior to the tester’s visit. On appeal, Garcia argued that the statute of limitations should have begun when the FHA violations were encountered or witnessed or when the apartments were brought into compliance.

Rule of Law

Issue

Holding and Reasoning (Kozinski, C.J.)

Dissent (Fisher, J.)

Dissent (Pregerson, J.)

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