Monday, August 18, 2008

Rogers v. Loether

Rogers v. Loether
United States District Court, E.D. Wisconsin, 1970. 312 F. Supp. 1008

Facts: Plaintiff claims that defendants discriminated against her by refusing to rent her an apartment because she is black; plaintiff requested money damages, punitive damages and attorney's fees. Defendants requested a jury trial, and plaintiff objected.

Issues: Does the claim warrant a jury trial?

Holding: No.

Reasoning: "I find that this cause of action is a statutory one invoking the equity powers of the court, by which the court may award compensatory and punitive money damages.. so that complete relief may be had. The action is not one in the nature of a suit at common law, and therefore there is no right to trial by jury on the issue of money damages in the case."

Concurring/Dissenting Opinions: (not presented in our text)

Analysis: ???

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