Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-09-01
Original Source: https://www.courtlistener.com/opinion/174536/gallagher-v-magner-ex-rel-city-o... ↗

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The FHA also prohibits retaliation against any person on account of his having
exercised or enjoyed a right granted or protected by the FHA. 42 U.S.C. § 3617; see
generally Reg’l Econ. Cmty. Action Program, Inc. v. City of Middletown, 294 F.3d
35, 54 (2d Cir. 2002) (elements of FHA retaliation claim). Appellants vaguely assert
that the City’s code enforcement actions were retaliatory, but they have not identified
how they exercised or encouraged others to exercise rights under the FHA or how the
City retaliated. Appellants’ unsupported and conclusory allegations cannot defeat
summary judgment. Fed. R. Civ. P. 56(e)(2) (nonmoving party may not “rely merely

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