Section 3604

Citation: Section 3604
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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  This jurisprudence is not directly applicable here because Gonzalez
brought her Fair Housing Act claim under 42 U.S.C. §§ 3617 and 3613, not
under 42 U.S.C. § 1983.
30
  The Supreme Court’s reasoning in subsequent cases confirms its analysis
in Scheuer. For example, in Owen v. City of Independence, 445 U.S. 622,
638, 100 S. Ct. 1398, 1409 (1980), the Court stated: “Where the immunity
claimed by the defendant was well established at common law at the time
§ 1983 was enacted, and where its rationale was compatible with the
purposes of the Civil Rights Act, we have construed the statute to
incorporate that immunity.”     Likewise, in City of Newport v. Fact
Concerts, Inc., 453 U.S. 247, 101 S. Ct. 2748 (1981), the Court held that
municipalities are immune from punitive damages in actions brought under
§ 1983 because: (1) municipalities enjoyed that immunity at common law,
see id. at 259-63, 101 S. Ct. at 2756-58; (2) neither the language nor
legislative history of § 1983 demonstrates Congress’s intent to abolish
that immunity, see id. at 263-66, 101 S. Ct. at 2758-59; and (3) such

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