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PINCHBACK v. ARMISTEAD HOMES CORP.

No. 89-2117.

907 F.2d 1447 (1990)

Karen PINCHBACK, Plaintiff-Appellee, v. ARMISTEAD HOMES CORPORATION, Defendant-Appellant, and Melvin Maeser; Roy E. Jones Real Estate, Inc.; Roy E. Jones; Diane Dailey; J.R. Diamond, Inc., Defendants, v. ROY E. JONES REAL ESTATE, INC., Third Party Defendant, and United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1990.

Attorney(s) appearing for the Case

Bernard Jerome Sevel (argued), Bernard J. Sevel, P.A., Baltimore, Md. (Adam J. Sevel, Bernard J. Sevel, P.A., Baltimore, Md., on brief), for defendant-appellant.

Robert Frederick Leibenluft (argued), Hogan & Hartson, Washington, D.C. (John C. Keeney, Jr., David W. Karp, Hogan & Hartson, Washington, D.C., Roderic V.O. Boggs, John P. Relman, Washington Lawyers' Committee For Civil Rights Under Law, Washington, D.C.), for plaintiff-appellee.

James P. Turner, Acting Asst. Atty. Gen., Roger Clegg, Deputy Asst. Atty. Gen., Jessica Dunsay Silver, Thomas E. Chandler, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

In this appeal, we must consider whether the "futile gesture" theory applies to acts of housing discrimination. The district court concluded that it does and held Armistead Homes Corporation liable under 42 U.S.C. § 1981, § 1982, and Maryland law for denying Karen Pinchback housing opportunities because she is black. We find it unnecessary to determine liability under Maryland law, but in all other respects we affirm the judgment...

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