Jesse L. Allen and Constance G. Allen v. Lee A. Gifford and Charles R. Samuels

Jesse L. Allen and Constance G. Allen appeal from an order of the district court which held that their complaint charging racial discrimination in the sale of real estate in violation of 42 U.S.C. § 1982 was barred by Virginia’s one-year statute of limitations. The complaint, which seeks compensatory and punitive damages, alleges that the Allens suffered humiliation, emotional stress, and anxiety when the defendants initially refused to sell them a house. Later the Al-lens succeeded in purchasing a home in the subdivision the defendants were developing.

While this appeal was pending, we held,…