Curtis v. Loether

PETITIONER: Curtis
RESPONDENT: Loether
LOCATION: North DeKalb Shopping Mall

DOCKET NO.: 72-1035
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 415 US 189 (1974)
ARGUED: Dec 04, 1973 / Dec 05, 1973
DECIDED: Feb 20, 1974

ADVOCATES:
Jack Greenberg - for petitioner
Robert Scott - for respondents

Facts of the case

Question

Media for Curtis v. Loether

Audio Transcription for Oral Argument - December 05, 1973 in Curtis v. Loether
Audio Transcription for Oral Argument - December 04, 1973 in Curtis v. Loether

Audio Transcription for Opinion Announcement - February 20, 1974 in Curtis v. Loether

Warren E. Burger:

Mr. Justice Marshall will announce the disposition of 72-1035, Curtis against Loether.

Thurgood Marshall:

This case is here on writ of certiorari from the Court of Appeals of the Seventh Circuit.

The case was brought a Negro woman, who under Section 812 of the Civil Rights Act of 1968, in which she claimed that the defendants had refused to rent an apartment to her on account of her race.

The defendants requested a Jury trial, but this request was denied, and the Trial judge without a Jury found that they had indeed discriminated against the plaintiff and awarded her punitive damages.

The Court of Appeals for the Seventh Circuit reversed, holding that a Jury trial was required in this action.

In an opinion on file with the clerk today, we affirm the judgment of the Court of Appeals for the Seventh Circuit and we hold that the Seventh Amendment entitles either party to demand a Jury Trail in actions for damages under this particular Section of the Civil Rights Act of 1968.

Warren E. Burger:

Thank you Mr. Justice Marshall.