COX v. CITY OF DALLAS, TEX.

No. 04-11304.

430 F.3d 734 (2005)

Harold COX; Shirley Davidson; Robert Stubblefield; Cynthia Herring; Eloise Edwards; Betty Curley; Leo Easter, Plaintiffs-Appellants, v. CITY OF DALLAS, TEXAS; et al., Defendants, City of Dallas, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 2005.


Attorney(s) appearing for the Case

Michael M. Daniel (argued), Laura Beth Beshara, Dallas, TX, for Plaintiffs-Appellants.

Caroline Jordan (argued), Janice Smith Moss, Asst. City Atty., Dallas, TX, for Defendant-Appellee.

Reed N. Colfax, Relman & Associates, Denise L. Gilman, Washington Lawyers' Comm. for Civ. Rights, Washington, DC, for Bazelon Ctr. for Mental Health Law, Fair Housing Action Ctr., Lawyers' Comm. for Civ. Rights Under Law, NAACP, Nat. Fair Housing Alliance and N.Y. Lawyers for the Pub. Interest, Amici Curiae.

Before HIGGINBOTHAM, JONES and DeMOSS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Asserting racial discrimination, homeowners sued the City of Dallas under the Fair Housing Act and 42 U.S.C. §§ 1981 and 1983 for persistent failure to police the operation of an illegal dump near their homes. The district court granted summary judgment to the City on the Fair Housing Act claim and ruled for the City on the §§ 1981 and 1983 claims after a bench trial. We affirm.

I

The City...

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