Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)

Citation: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Parent Document: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-12-01
Original Source: https://www.courtlistener.com/opinion/618130/stevens-v-housing-authority-of-s... ↗

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children were driven to Stevens’ apartment building by
Harmon’s boyfriend, Chester Higgins. At around the
same time, Stevens’ son, Alfernando flagged down
Marcus Henderson for a ride home. Henderson was the
father of Ebony Harmon’s children. Although there
were different accounts of what happened when
Henderson and Higgins encountered each other, it is
undisputed that the two engaged in a gunfight in the
parking lot of Stevens’ apartment building. Henderson
fled before the police arrived, and Harmon drove a
wounded Higgins to the hospital. Both men survived
the incident.
  On January 14, 2008, a few weeks after the shooting,
HASB issued its first “Important 30 Day Notice to Termi-
nate Lease” (“First Notice”) to Stevens. R. 62-5, at 24-26.
Although Stevens disagrees with the portrayal of the
shooting in the First Notice, she does not dispute that
Henderson was at the property because Alfernando
asked him for a ride. Nor does she dispute that Higgins
was there because he drove Stevens’ invited guest, Ebony
Harmon, to the apartment. Citing the “Zero Tolerance”
policy, the First Notice directed Stevens to vacate the
apartment by January 31, 2008.
  Instead of moving out, Stevens filed this lawsuit
against HASB, the executive director of HASB, and five
commissioners of HASB. Stevens alleged that the defen-
dants (1) violated the Fair Housing Act, 42 U.S.C. § 3604(b),
by locating her publicly-funded apartment building in
a primarily African-American neighborhood, segregating
her on account of race; (2) interfered with her right to
No. 10-2724                                             5

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