McNeil v. PN & S, INC.
| Decision Date | 14 November 1973 |
| Docket Number | Civ. A. No. 17193. |
| Citation | 372 F. Supp. 658 |
| Parties | Robert L. McNEIL and Yvonne McNeil v. P-N & S, INC., et al. |
| Court | U.S. District Court — Northern District of Georgia |
Wyatt & Zagoria, Atlanta, Ga., for plaintiffs.
In this case as trial approached, counsel for defendants was relieved after consideration of all the facts. Simultaneously, the court issued an order directing the defendants to show cause why the answers should not be stricken and the case proceed in default. At the appointed time, no showing was made by defendants or by counsel and, upon motion, the answers were dismissed. The case then proceeded in default. On the evidence presented, the court makes the following
Plaintiff, Robert McNeil, is a medical therapist with two degrees from the University of Minnesota and his therapist certification from Northwestern Medical School. In early 1971, he and his wife moved to the Atlanta area, rented an apartment, and began a search for a house. They were particularly interested in the Spring Valley Area, located in DeKalb County near his employment. They located a house on Lot Number 11 of defendants' subdivision and inquired as to its purchase in June, 1971.
Without detailing all of the machinations of the defendants after this inquiry, the facts are clear that they committed one or more acts of racial discrimination in their persistent refusal to sell this house, building lots in the subdivision, or another house subsequently located by plaintiffs. The acts consisted of numerous false statements to the effect that Lots Number 10 and Number 9 had been sold, when they had not; that Lot Number 12 was unsuitable for building, when it was not; that the house on Lot Number B9 was a "bad buy", when it was not; and, finally in December, 1971, in first agreeing to sell for $46,500 a house then under construction on Lot D10, but announcing that it was already sold the day the contract was to be signed, when it was not. Additionally, plaintiffs were informed by defendant Powell that they would not be sold or built any house except "west of Candler Road", an artificial boundary between all-white and racially integrated neighborhoods in DeKalb County. Each of these acts individually and all of them collectively were motivated by racial discrimination in violation of 42 U.S.C. § 1982 and 42 U.S.C. § 3604(a) and (d).
Plaintiff and his wife are still residing in a small apartment. The constant disappointment and inability to obtain their own home in a place of their choice has placed great strain on their marriage. Additionally, they have suffered humiliation and embarrassment from the acts of racial discrimination. Worry and anxiety over their situation has led to mental suffering on both their parts and has indirectly affected Mr. McNeil's professional standing in the community.
Presently, they pay $174.00 per month rent. If they had been permitted to buy the house on Lot Number D10 as promised and had made their payments, they would have created an equity therein of some $7,190.96 on a $35,000/30 year mortgage at eight per cent already arranged with Decatur Federal Savings & Loan Association.
The violations of §...
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