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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2010-09-01

Other Sections in This Document (106)

Full Text

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on allegations or denials in its own pleading; rather its response must . . . set out
specific facts showing a genuine issue for trial”) (emphasis added); Weger v. City of
Ladue, 500 F.3d 710, 728 (8th Cir. 2007) (same). Further, to the extent that
Appellants allege that the City retaliated against them for leasing to tenants in
protected classes, their claim fails as a matter of law. Appellants were not exercising
a right under the FHA by leasing to racial minorities. Were we to adopt Appellants’
expansive view of § 3617, every disparate treatment claim would automatically
become a retaliation claim.