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Fincher v. South Bend Housing Authority

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Before POSNER, WILLIAMS, and SYKES, Circuit Judges.

Marshall Fincher was evicted by the South Bend Housing Authority (“SBHA”) and his subsequent application for housing to the South Bend Heritage Foundation (“Foundation”) was denied. He sued the SBHA and the Foundation in an Indiana state court, charging that they had violated his rights under the United States Housing Act and the Fair Housing Act, but his precise claims were difficult to decipher. The SBHA removed the case to federal district court on the basis of a federal question. After discovery, though, the SBHA argued and the district judge agreed that Fincher’s claims against the SBHA could not be disentangled from the state court judgment concerning Fincher’s eviction. The judge concluded that he was deprived of subject-matter jurisdiction over those claims by the Rooker-Feldman doctrine, and so he remanded them to state court. The claims against the Foundation related to events after Fincher’s eviction, so the district judge proceeded to the merits and granted summary judgment for the Foundation.

Fincher appeals, and the SBHA has moved to dismiss the appeal as to itself, contending that under 28 U.S.C. § 1447(d) we lack jurisdiction to review the portion of the district court’s order that remands Fincher’s claims.

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