Section 3617

Citation: Section 3617
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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We also have no quarrel with the special concurrence's observation that, in the appropriate case, a government official’s conduct might be so egregious that the violation of federal law is obvious, even in the absence of case law or legislation recognizing the illegality of materially similar acts; deference to the Supreme Court’s holdings requires nothing less. See Lanier, 520 U.S. at-, 117 S.Ct. at 1225-26. Unlike the conduct at issue in Lanier, which was so repugnant that it had escaped prior contemplation in the relevant sources of authority, the conduct in this case is both outrageous and specifically addressed in the Fair Housing Act. Standing alone, or as further clarified by regulation 24 C.F.R. § 100.400(c)(3), the Fair Housing Act "stake[s] out a bright line” such that the law prohibiting racial discrimination in rental practices was clearly established in the "concrete and factually defined context” we required in Lassiter, 28 F.3d at 1149-50. As a result, Moran’s assertion of qualified immunity must fail, and we need not consider this additional teaching of Lanier.

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