Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 263 F.3d 1005 (2001)

Citation: Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 263 F.3d 1005 (2001)
Parent Document: Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality, 263 F.3d 1005 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-08-31
Original Source: https://www.courtlistener.com/opinion/774777/nelson-walker-and-fair-housing-f... ↗

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This case presents the question of when an independent fair housing services provider engaged in advocacy efforts may sue the city with whom it contracts for retaliating against the provider in response to that advocacy. We hold that, as a general matter, retaliation against independent providers can be actionable under the federal Fair Housing Act, 42 U.S.C. § 3617, and the California Fair Employment and Housing Act, Cal. Gov’t Code § 12955.7, and that, in this case, the Fair Housing Foundation of Long Beach’s claims should have survived summary judgment. We remand those retaliation claims to the district court for further proceedings. However, we also hold that, under the circumstances in this case, the Fair Housing Foundation cannot state a claim under 42 U.S.C. § 1983 for retaliation against First Amendment activities. Factual Background

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