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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Housing Authority units, and that she had no knowledge
regarding the neighborhood outside of her HASB resi-
dence. She does not reference segregation on that page,
and says nothing about the racial make-up of the apart-
ment complex or the neighborhood. Federal Rule of
Appellate Procedure 28(a)(7) requires the appellant to
submit “a statement of facts relevant to the issues sub-
mitted for review with appropriate references to the
record.” Rule 28(a)(9)(A) requires that the argument
section of the appellant’s brief contain “appellant’s con-
tentions and the reasons for them, with citations to
the authorities and parts of the record on which the
appellant relies.” We need not credit Stevens’ version of
the facts when the materials supporting those asserted
facts are not part of the record. Stevens failed to cite
any evidence in the record that HASB engaged in any
discrimination in the selection of the apartment site
some forty-seven years before Stevens moved in. There
is no evidence in the record regarding the racial make-up
of the area at the time the complex was built, and no
demographic evidence regarding the area outside of the
complex at any time. At most, Stevens presents con-
clusory allegations unsupported by the record that the
apartment complex currently houses mostly African-
American tenants. Those conclusory allegations are
insufficient to meet Stevens’ burden on summary judg-
ment, and the court was correct to grant judgment in
favor of the defendants on that claim.
24                                              No. 10-2724

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