Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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       Appellants here allege that they are members of the class of
persons against which the District discriminated; Appellants’ alleged
injury here was a direct result of that discrimination. But the FHA does
permit suits by plaintiffs outside the class of persons discriminated
against, see, e.g., Trafficante v. Metro. Life Ins. Co., 409 U.S. 205, 210,
211–12 (1972) (holding that plaintiffs not themselves the “direct objects
of discrimination” have standing under the FHA), so long as those
plaintiffs can allege and prove that their injury was proximately caused
by the discrimination against the class of persons, see Lexmark Int’l, Inc.
v. Static Control Components, Inc., 572 U.S. 118, 132 (2014) (“[A]
statutory cause of action is limited to plaintiffs whose injuries are
proximately caused by violations of the statute.”).
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       Some courts have also required plaintiffs to plead facts
demonstrating that the targeted policy is “arbitrary, artificial, and
unnecessary.” See, e.g., Ellis v. City of Minneapolis, 860 F.3d 1106,
1112 (8th Cir. 2017); Khan v. City of Minneapolis, 922 F.3d 872, 874
(8th Cir. 2019). Because this appeal is brought pursuant to the district
court’s grant of summary judgment and because the District did not
move to dismiss or for judgment on the pleadings below, we need not
address whether such a requirement exists.
20 SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER 1. Identification of an Outwardly Neutral Policy

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