Odie v. Evans v. Lester Tubbe

TATE, Circuit Judge:

The plaintiffs Odie Evans and B. L. Dickerson brought this civil rights action against the defendant Lester Tubbe to obtain damages and equitable relief for Tubbe’s allegedly racially-motivated refusal to allow Evans access to her property. The plaintiffs claim that Tubbe’s conduct violates 42 U.S.C. §§ 1981, 1982, and the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. Without stating written reasons, 1 the district court granted Tubbe’s motion to dismiss for lack of subject matter jurisdiction. Tubbe’s motion claimed that deposition testimony of the plaintiffs showed that…