United States Seventh Circuit

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Swanson v. Citibank, N.A., 10-1122

In a pro se's suit against Citibank and other individual defendants claiming that defendants discriminated against her on the basis of her race (African-American) when Citibank turned down her application for a home-equity loan, district court's dismissal of the suit for failure to state a claim is affirmed in part, reversed in part and remanded where: 1) district court erred in dismissing plaintiff's Fair Housing Act claim against Citibank as the complaint included all that the plaintiff needed to put in the complaint; 2) district court did not err in dismissing plaintiff's fraud claim against Citibank as there was absence of particular information required under Rule 9; 3) district court erred in dismissing plaintiff's Fair Housing Act claims against the appraisal defendants as she has pleaded enough to survive a motion under Rule 12(b)(6); and 4) district court correctly dismissed plaintiff's common-law fraud claim against the appraisal defendants as she has not adequately alleged that she relief on their appraisal, nor has she pointed to any out-of-pocket losses that she suffered because of it.

Appellate Information

  • Argued 05/26/2010
  • Submitted 07/30/2010
  • Decided 07/30/2010
  • Published 07/30/2010

Judges

  • WOOD

Court

  • United States Seventh Circuit

Counsel