Magner v. Gallagher

Disclosure: Goldstein & Russell, P.C. serves as counsel to the respondents in this case.

Issue: (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.

Plain English Issue: (1) Whether a lawsuit can be brought for a violation of the Fair Housing Act based on a practice that is not discriminatory on its own, but has a discriminatory effect; and, if so, (2) how should courts determine whether a practice has a discriminatory effect and violates the Act?

Judgment: Dismissed - Rule 14 on February 14, 2012.

Briefs and Documents

Merits Briefs for the Petitioners

• Brief for Steve Magner et al.

Amicus Briefs in Support of the Petitioners

• Brief of the International Municipal Lawyers Association et al.
• Brief of the Township of Mount Holly, New Jersey
• Brief of the Pacific Legal Foundation et al.
• Brief of the Independent Community Bankers of America et al.
• Brief of the Eagle Forum Education & Legal Defense Fund, Inc.
• Brief of the American Bankers Association et al. 

Amicus Briefs in Support of Neither Party

• Brief of the United States

Merits Briefs for the Respondents

• Brief of Thomas Gallagher et al.

Amicus Briefs in Support of the Respondents

• Brief of the NAACP Legal Defense & Education Fund
• Brief of the Lawyer’s Committee on Civil Rights et al. 
• Brief of the Housing Advocates, Inc., and Buckeye Community Hope Foundation
• Brief of the National Fair Housing Alliance et al. 
• Brief of the Opportunity Agenda et al. 
• Brief of the ACLU
• Brief of Massachusetts et al.
• Brief of Henry G. Cisneros
• Brief of AARP and Mount Holly Gardens Citizens In Action

Certiorari-stage documents

• Opinion below (8th Cir.)
• Petition for certiorari
• Brief in opposition of respondents Thomas J. Gallagher et al.
• Petitioners' reply