Civil Rights Win: The Block Firm Beats Summary Judgment in Every Respect on Behalf of their Clients, The Diaz Family

The Block Firm is honored to represent their clients, The Diaz Family, in their fight to seek justice against The Partnership Inc. on claims of Fair Housing Act violations, premises liability stemming from an armed robbery and home invasion and punitive damages. Filed on September 2, 2021, The Diaz’s cases facts have strongly developed through depositions and discovery resulting in a 56-page court order denying Defendant’s motion for summary judgment and ruling in the plaintiffs’ favor in every respect on April 26, 2023. Their case is based on three separate claims stemming from the time the Diaz family spent living at an affordable living apartment complex, Seven Courts, which is owned and managed by the defendant, The Partnership Inc. Originally from Honduras, Elsa, Edwin and their four children made the dangerous journey to the United States in search of a safer home for their family. Their first claim against TPI is with respect to the Fair Housing Act (“FHA”). Plaintiffs experienced racial discrimination by management on multiple occasions. The children would be kicked off the playground by being told that it was “not for Latinos” but instead “only for Americans”. Management would also threaten to call immigration even though the family immigrated legally. For this claim, the court found that “Plaintiffs put forth direct evidence of racial discrimination in support of their claim” and “a reasonable jury could conclude that Defendant denied the Minor Plaintiffs access to the complex playground because of their race in violation of 42 U.S.C. § 3604(b).”

Secondly, the Diaz family claimed that there was negligent security at the property which ultimately led to an armed robbery in July of 2021. This robbery left the family penniless and traumatized, particularly the minors who were hiding in the closet on the phone with 911 while their parents were being held at gunpoint. On this, Hon. Ross ordered that “because the record evidence supports that Defendant had superior knowledge of the high risk of criminal activity similar to the July 2021 armed robbery of Plaintiffs at their apartment before that incident occurred, . . . a reasonable jury could conclude that Defendant owed a duty of reasonable care to Plaintiffs.” All the evidence in this case’s record allows for the Plaintiffs’ to claim punitive damages. The court once again agreed. The order states that “‘the failure to provide a real “security patrol” for’ an apartment complex known to have crime issues . . . gives rise to a presumption of conscious indifference to the consequences for tenants.’ The Block Firm is honored to represent The Diaz Family in this case and is looking forward to working hard to continue to prove their case and fight for justice on their behalf.


If you or someone you know has been a victim of racial discrimination, negligent security, or unfair housing practices, contact The Block Firm to see how we can help.

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