Quigley v. Winter, 598 F.3d 938 (2010)

Citation: Quigley v. Winter, 598 F.3d 938 (2010)
Parent Document: Quigley v. Winter, 598 F.3d 938 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-03-16
Original Source: https://www.courtlistener.com/opinion/231/quigley-v-winter/ ↗

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Winter maintains Instruction No. 8A was erroneous because Quigley presented no evidence (1) Winter “refused to rent or otherwise made unavailable dwellings to her because of her sex”; (2) Quigley’s “rental agreement was any different than those of [Winter’s] other tenants, ... her rent was raised or lowered, [or] any act was taken with respect to the above matters at all, let alone because of [Quigley’s] sex”; or (3) Winter “made a statement with respect to rental of his property that indicated a preference, limitation, or discrimination based on sex.” Winter also protests Instruction No. 8A’s inclusion of the following language: “[I]t is unlawful under the [FHA] to coerce, intimidate, or interfere with any person in the exercise and enjoyment of rights granted and protected by the [FHA],” because another jury instruction and question on the verdict form addressed Quigley’s claim of coercion, intimidation, and interference with housing rights. Because there was only one blank on the verdict form for the jury to fill in the amount of compensatory damages for all three of Quigley’s FHA claims, Winter raises the possibility Quigley recovered damages twice under the same theory of recovery. Winter claims these alleged errors in the jury instructions and verdict form entitle him to a new trial.

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