Milton Sutton and Emma Sutton v. Phillip R. Bloom

710 F.2d 1188, 1983 U.S. App. LEXIS 26361
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 27, 1983
Docket80-3058
StatusPublished
Cited by14 cases

This text of 710 F.2d 1188 (Milton Sutton and Emma Sutton v. Phillip R. Bloom) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milton Sutton and Emma Sutton v. Phillip R. Bloom, 710 F.2d 1188, 1983 U.S. App. LEXIS 26361 (6th Cir. 1983).

Opinions

MERRITT, Circuit Judge.

Appellant, Phillip Bloom, appeals from a jury verdict and judgment against him in [1189]*1189this housing discrimination case for $33,-101.34 in compensatory damages and $30,-000. 00 in punitive damages. The appellees, Milton and Emma Sutton, are a black married couple who attempted in January, 1973 to purchase a home on Wenhaven Drive in Russell Township, Ohio. The Suttons brought this action in the District Court for the Northern District of Ohio under 42 U.S.C. §§ 1981,1982 and 1985 claiming that Phillip Bloom, who lived next door, and seven other neighbors acted to prevent their purchase of the home in order to keep black persons out of the neighborhood. A pendent state law claim alleging malicious prosecution was dismissed by the District Court. During the proceedings, the seven other defendants prevailed, entered into settlement agreements with the Suttons, or were dismissed by the District Court.

The Suttons sought to purchase the house owned by Martin and Sally Hawthorne. The property was subject to a foreclosure decree entered on December 11, 1972, on behalf of Central National Bank. On January 24, 1973, the Hawthornes accepted an offer from the Suttons to purchase the home for $42,000. The agreement was conditioned on the Suttons first selling their own home and on the plumbing of the Hawthorne home being in good working condition. The Hawthornes in turn had the right to continue to show the home to secondary buyers, but if a secondary offer were received, the Suttons had three days to remove the two conditions and finalize the purchase.

After the Suttons and Hawthornes signed the conditional purchase agreement, the appellant became interested in the Hawthorne property. Bloom made a secondary offer on the house which was rejected when the Suttons withdrew their conditions. Despite the Suttons’ purchase agreement, the Bank elected to proceed with a sheriff’s sale of the foreclosed upon property. The Bank is not a party in this case, and no claim of discrimination or breach of contract against it is before us.

One night before the foreclosure sale, Bloom held a meeting of neighbors at his house to organize an attempt to prevent the Suttons from purchasing the Hawthorne home. Bloom collected $1000 from each of three neighbors which, together with his $1000, would provide the $4000 downpayment (10% of their maximum intended bid) for the home. At the sheriff’s sale, Bloom outbid the Suttons with a bid of $40,000. On March 28, 1973, however, the Court of Common Pleas of Geauga County refused to confirm the sheriff’s sale to Bloom finding that the agreement between the Sut-tons and the Hawthornes gave the Suttons the benefit of the owner’s equity of redemption. After several appeals by Bloom, this order was finalized by the Court of Common Pleas on March 18, 1974.

Bloom then brought suit simultaneously in the Court of Common Pleas and in the Federal District Court in May 1974, charging the Suttons with depriving him of his statutory and constitutional rights to purchase the home. The state and federal courts, at both the trial and appellate levels, rejected these actions under the principle of res judicata or for failure to state a claim.

The Suttons then brought this suit in the District Court on July 30, 1976, seeking compensatory and punitive damages to vindicate their rights under the Constitution and under §§ 1981, 1982, and 1985. The Suttons showed at trial that Bloom had assembled his neighbors and pursued his attempts to purchase the Hawthorne property for improper discriminatory motives. The jury found that Bloom violated the constitutional and statutory rights of the Suttons. We are compelled to reverse the decision of the district court because we find that the case is barred by the statute of limitations.

Neither § 1981, which prohibits discrimination in the making or enforcing of contracts,1 nor § 1982, which guarantees equal [1190]*1190rights to purchase property,2 contain statutes of limitations. To ascertain the proper statute of limitations, the court must look to the most analogous state statute. See Runyon v. McCrary, 427 U.S. 160, 180, 96 S.Ct. 2586, 2599, 49 L.Ed.2d 415 (1976); Warner v. Perrino, 585 F.2d 171, 173 (6th Cir.1978) (“Thus, where Congress has not otherwise spoken, federal judges are obliged to apply the law of the forum, which includes state statutes of limitations, to suits brought in federal court.”). The appellant argues that the 180 day statute of limitations contained in the Ohio Fair Housing Act, O.R.C. § 4112.051(A), should apply. The appellees maintain that the District Court was correct when it found the six year statute of limitations contained in O.R.C. § 2305.07 most analogous.

Sections 1981 and 1982 of Title 42 were enacted as part of the Civil Rights Act of 1866 in order to eliminate the vestiges of slavery and racial discrimination. The underlying factual situation in this lawsuit involves the attempt by Bloom to interfere with the Suttons’ equal rights to enter into a contract (§ 1981) and to buy property (§ 1982). Both statutes cover the discrimination present in this case, but that does not imply that each statute may be viewed in isolation when finding the most analogous state statute. The District Court and the appellee isolated the word “contract” in § 1981. They then looked to the Ohio statute, O.R.C. § 2305.07, which governs the statute of limitations for contracts not in writing:

... an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.

They have ignored the circumstances surrounding the interference with the Suttons’ right to contract which involve racial discrimination. We believe that the most analogous state statute, when viewing the facts of this case in total, is the Ohio Fair Housing Act. O.R.C. § 4112.02(H) broadly covers discrimination in housing and property ownership, including the right to be free from discrimination when making a contract to purchase a home. The relevant part of § 4112.02(H) provides:

It shall be an unlawful discriminatory practice:
(H) For any person to:
(1) Refuse to sell, transfer, ... or otherwise deny or withhold housing accommodations from any person because of the race, color, religion, sex, ancestry, handicap or national origin of any prospective owner, occupant, or user of such housing.

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Bluebook (online)
710 F.2d 1188, 1983 U.S. App. LEXIS 26361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milton-sutton-and-emma-sutton-v-phillip-r-bloom-ca6-1983.