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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as an issue in dispute “[w]hether race, color, [etc.] was a
motivating factor in committing the challenged practices.”
Indeed, even prior to that, the District indicated it was aware
that Appellants intended to pursue a disparate-treatment
theory when it listed in its amended answer the affirmative
defense that “discrimination was not a motivating factor” (an
element unique to a disparate-treatment claim). The District
could have sought to dismiss a claim for disparate treatment
under Federal Rule of Civil Procedure 12(b)(6) or sought a
more definitive statement under Rule 12(e) but failed to do
so. Instead, the District’s own statements to the court
demonstrate that the District had notice of Appellants’
potential disparate-treatment claim. Therefore, the District
had notice and was not prejudiced by Appellants’ disparate-
treatment claim.

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