Familial Status Case - Summary Judgment as to Liability Entered Based on Discriminatory Statements in Emails

Steve Tomkowiak • Mar 16, 2023

Summary Judgment Granted in Federal Court Case as to Liability Under Section 804(c) of the Fair Housing Act

Summary judgment has been granted as to liability in a familial status case. The case arose after the following email exchange: 

 

[Czerwinski:] Okay. Please let me know when you will be around. We are looking to move around the week of the 20th. We are currently renting a house already on Rosslyn and have been here for almost two years. Our daughter is almost 2 years old. We are going to need to find a new place because the house will be sold in a foreclosure auction soon.


 [Gallagher:] I can show you the property. Looking for tenants with no children.


 [Czerwinski:] That seems prejudice to me. Why? I’m pretty sure that’s discrimination and you could be sued for that! You might want to watch what you say In an e-mail. Now I definitely don’t want to rent from you. How rude!


[Gallagher:] Thanks for the heads up but this is an empty nesters property only. Good luck


[Czerwinski:] Oh well good luck to you too because I reported you to Michigan fair housing authority! You might want to look into landlord tenant rental laws before you so rudely descriminate! [sic] What is your problem with children anyhow? Rude!!


[Gallagher:] What a waste of time. I’m not a company and the laws don’t apply to individuals.

 

Ms. Czerwinski is represented by attorney Carron L. Pinkins, of Pinkins & Pinkins, PLLC, in Detroit, MI. The ruling was made by United States District Judge Paul D. Borman, of the Eastern District of Michigan. 


 The case will now proceed to a determination of damages incurred by Ms. Czerwinski, as well as any punitive damages that may be awarded by the jury in the case. 


 ·
Order Granting Plaintiff's Motion for Summary Judgment, Czerwinski v. Gallagher, No. 20-12091 (E.D. Mich. March 14, 2023).

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