Dr. Tadeusz Radecki v. James Joura Carol Joura, 114 F.3d 115 (8th Cir. 1997). · Go Syfert
Dr. Tadeusz Radecki v. James Joura Carol Joura, 114 F.3d 115 (8th Cir. 1997). Cases Citing This Book View Copy Cite
50 citation events (48 in the last 25 years) across 15 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited "but see" Josephinium Associates v. Kahli (2×)
Wash. Ct. App. · 2002 · signal: but see · confidence high
But see Lake in the Woods Apartment v. Carson, 651 S.W.2d 556, 558 (Mo.App.1983). [27] 114 Wash.2d 558 , 789 P.2d 745 (1990). [28] Terry, 114 Wash.2d at 570 , 789 P.2d 745 . [29] 99 Wash.2d 564, 570 , 663 P.2d 830 (1983). [30] 36 Wash.2d 27 , 216 P.2d 228 (1950). [31] Report of Proceedings (RP) (Apr. 18, 2000) at 121. [32] RP (Apr. 18, 2000) at 114. [33] RP (Apr. 18, 2000) at 172. [34] Groner v. Golden Gate Gardens Apartments, 250 F.3d 1039 , 1044 (6th Cir.2001). [35] 114 F.3d 115 (8th Cir.1997). [36] 909 F.Supp. 814 (D.Colo. 1995). [37] Radecki, 114 F.3d at 116-17 . [38] Roe, 909 F.Supp. at 8…
cited Cited as authority (rule) United States v. Madison Property, L.L.C.
D. Minnesota · 2024 · confidence medium
Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997). including “familial status”).
discussed Cited as authority (rule) Escamilla v. Echelon Communities, LLC
N.D. Cal. · 2023 · confidence medium
But the Ninth Circuit has not held as much, and persuasive authority posits that “a 5 discriminatory denial can occur at any time during the entire period before a tenant is ‘actually 6 evicted.’” Douglas v. Kriegsfeld Corp., 884 A.2d 1109, 1121 (D.C. 2005) (quoting Radecki v. 7 Joura, 114 F.3d 115, 116 (8th Cir.1997)).
discussed Cited as authority (rule) Kravis v. Justice of the Peace Court 17 and MHC McNicol Place, LLC (2×) also: Cited "see, e.g."
Del. · 2023 · confidence medium
Thus, Kravis timely submitted 34 Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
discussed Cited as authority (rule) Noble v. American National Property & Casualty Insurance Co.
D.S.D. · 2018 · confidence medium
The court would evaluate “whether defendants discriminated against [plaintiffs] by refusing to accommodate [their disability.]” Radecki v. Joura, 114 F.3d 115, 117 (8th Cir. 1997) (per curium) (citing 42 U.S.C. § 3604 (f)(3)(B)).
cited Cited as authority (rule) Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc.
D.N.D. · 2011 · confidence medium
Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997).
discussed Cited as authority (rule) RUTLAND COURT OWNERS, INC. v. Taylor
D.C. · 2010 · confidence medium
On appeal, we dismissed the notion that the request was not timely made where federal case law held that a discriminatory act can occur at any point prior to when a tenant is “actually evicted.” Id. at 1121 (citing Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997)).
discussed Cited as authority (rule) Lebanon County Housing Authority v. Landeck (2×)
Pa. Super. Ct. · 2009 · confidence medium
"In assessing whether and when [the Authority] knew of [the tenant's] handicap, the court should have considered the date [the tenant] was actually evicted... as the FHA provides that unlawful *1014 discrimination occurs when a dwelling is denied." Radecki v. Joura, 114 F.3d 115, 116 (8th Cir., 1997).
cited Cited as authority (rule) Boston Housing Authority v. Bridgewaters
Mass. App. Ct. · 2007 · confidence medium
Co., 107 F.3d 1374 , 1380 (9th Cir. 1997); Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997); Giebeler v. M&B Assocs., 343 F.3d 1143 , 1147 (9th Cir. 2003).
discussed Cited as authority (rule) Douglas v. Kriegsfeld Corp. (2×)
D.C. · 2005 · confidence medium
Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997) (citing 42 U.S.C. § 3604 (f)(1)(A) (2000)). .
discussed Cited as authority (rule) United States v. Koch
D. Neb. · 2004 · signal: cf. · confidence medium
Rec. 3422. (1968)); City of Edmonds v. Oxford House Inc., 514 U.S. 725, 731 , 115 S.Ct. 1776 , 131 L.Ed.2d 801 (1995); cf. Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997) (citing Trafficante, 409 U.S. at 211-12 , 93 S.Ct. 364 ; Havens Realty Corp. v. Coleman, 455 U.S. 363, 380 , 102 S.Ct. 1114 , 71 L.Ed.2d 214 (1982)).
examined Cited as authority (rule) Douglas v. Kriegsfeld Corp. (4×)
D.C. · 2004 · confidence medium
Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997) (citing 42 U.S.C § 3604(f)(1)(A) (2000)). .
cited Cited "see" Sandy Phillips v. Stoddard County Circuit Court, et al.
E.D. Mo. · 2026 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Lester v. Bamboo Broadway, LLC
E.D. Mo. · 2025 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
discussed Cited "see" Sproaps v. Brown (2×)
E.D. Mo. · 2024 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" McKee v. Busey Bank
E.D. Mo. · 2023 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Richardson v. Cardinal Ritter Institute Residential Services Corporation
E.D. Mo. · 2023 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Kiemle & Hagood Company v. Mariam P. Daniels a/k/a Phoebe Daniels
Wash. Ct. App. · 2023 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997); Douglas, 884 A.2d at 1121 (“[A] reasonable accommodation defense will be timely until the proverbial last minute.”).
cited Cited "see" Farris v. Allen
E.D. Mo. · 2021 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Jones v. Deca Realty
E.D. Mo. · 2020 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Barbero v. Davidson
E.D. Mo. · 2020 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8" Cir. 1997).
cited Cited "see" Mitchell v. Sullivan Place Apartments
E.D. Mo. · 2020 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115 , 116 Cir. 1997).
cited Cited "see" Stroud v. Farr Rentals, LLC
E.D. Mo. · 2020 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" Barbero v. Davidson
E.D. Mo. · 2020 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir. 1997).
cited Cited "see" 09-03 550
Board of Vet. App. · 2015 · signal: see · confidence high
See generally Grantham v. Brown, 114 F.3d 115 (Fed.
discussed Cited "see" Sinisgallo v. Town of Islip Housing Authority
E.D.N.Y · 2012 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997) (“In assessing whether and when defendants knew of Radeeki’s handicap, the court should have considered the date Radecki was actually evicted (December 16), as the FHA provides that unlawful discrimination occurs when a dwelling is ‘den[ied]’ to a renter because of that renter’s handicap.’”) (citing 42 U.S.C. § 3604 (f)(1)(A)).
cited Cited "see" Tadeusz Radecki, Dr. v. James Joura Carol Joura
8th Cir. · 1999 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115 (8th Cir.1997).
cited Cited "see" Tadeusz Radecki v. James Joura
8th Cir. · 1999 · signal: see · confidence high
See Radecki v. Joura, 114 F.3d 115 (8th Cir. 1997).
discussed Cited "see, e.g." David Stebbins v. Harp & Associates
8th Cir. · 2013 · signal: see also · confidence medium
See Carson v. Pierce, 719 F.2d 931, 933 (8th Cir.1983) (“A case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.”); see also Radecki v. Joura, 114 F.3d 115, 116 (8th Cir.1997) (per curiam) (framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), applies to FHA claims); Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994) (McDonnell Douglas framework applies to Rehabilitation Act claims).
Retrieving the full opinion text from the archive…
Dr. Tadeusz RADECKI, Appellant,
v.
James JOURA; Carol Joura, Appellees
95-4091.
Court of Appeals for the Eighth Circuit.
Jun 3, 1997.
114 F.3d 115
David R. Buntain, Lincoln, NE, for appellee., Appellant, pro se.
Hansen, Arnold, Murphy.
Cited by 39 opinions  |  Published
PER CURIAM.

Tadeusz Radecki appeals from the district court’s order granting defendants summary judgment on his federal housing-discrimination claim, and dismissing without prejudice his four related state law claims. We reverse.

Radecki filed this complaint under 42 U.S.C. § 3604(f)(1) of the Fair Housing Act (FHA), claiming that defendants James and Carol Joura evicted him from his apartment because of his handicap. Radecki alleged, inter alia, that he was a tenant in an apartment building defendants owned; that he had a “handicap” under 42 U.S.C. § 3602(h), as he suffered from depression substantially limiting one or more of his major life activities; that on August 13, 1993, he informed defendants he was “suffering from a long-term disability and requested a reasonable period of accommodation to prepare for” scheduled repairs and pest extermination in his apartment; that defendants sent him a letter dated August 16 notifying him “he would have to permanently vacate the apartment”; and that he was forcibly evicted therefrom pursuant to a state court writ of restitution. Radecki also asserted four state law claims based upon his eviction.

Defendants moved for summary judgment. In a supporting affidavit, Carol Joura attested, inter alia, that she and her husband took possession of Radecki’s apartment building on July 1, 1993; that Radecki was a month-to-month tenant; that Radecki informed[*116] them on August 7 or 8 that he was “ill,” but “never told [them] that he was suffering from a disability or handicap or that he was requesting any accommodation [from them]”; that, because of their difficulties in getting Radecki’s cooperation and their need to eliminate cockroaches and mice in the apartment for the benefit of all their tenants, they sent Radecki a notice on August 16 to vacate the apartment by September 30; that they first became aware of Radecki’s claim of disability discrimination when their attorney told them about it after they had given Radecki the notice to vacate; and that they obtained a restitution order on November 22, and Radecki was forcibly evicted' on December 16.

Defendants subsequently submitted the transcript of Radecki’s deposition; his testimony included the following statements. He told defendants he needed time to prepare for the extermination and repairs; and on August 14, he specifically told them he was “ill,” he “need[ed] some more time because of [his] illness,” and it was a “long term illness.” Radecki explicitly told defendants he had a disability on September 1; he and his attorney told their attorney of his disability at some point after he received the notice to vacate. Radecki told defendants “on September 1 and subsequently” that he was quite ill and wanted to stay in his apartment beyond September 30; he filed complaints with HUD and the Nebraska Equal Opportunity Commission in an attempt to stop the eviction; and in his October 27 HUD charge, he stated he was “being harassed to move because of [his] handicap.”

The district court granted defendants’ motion for summary judgment on the FHA claim, finding as undisputed facts that Radecki had informed defendants twice before August 16 that he was “ill” and “it was long term,” but had not mentioned the nature of his illness; and that Radecki asserted he or his attorney told defendants of his disability sometime after August 16. Applying the framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), the court set forth the following prima facie case which Radecki had the burden of proving: a) he was a member of a class protected under the FHA; b) defendants were aware of Radecki’s membership in that class; c) Radecki was willing and qualified to continue renting his apartment; and d) defendants refused to permit Radecki to continue to rent the apartment. After noting defendants did not dispute, for purposes of their motion, that Radecki suffered from clinical depression and thus had a “handicap” within the meaning of the FHA, the court concluded Radecki had failed to show the essential element that defendants knew of his handicap before sending him the eviction notice on August 16; and, therefore, defendants were entitled to judgment as a matter of law. The court also dismissed without prejudice Radecki’s state law claims. Radecki timely appealed.

We review a grant of summary judgment de novo, applying the same standard as the district court. See Miller v. National Cas. Co., 61 F.3d 627, 628 (8th Cir.1995). As the McDonnell Douglas framework applies to FHA claims, see United States v. Badgett, 976 F.2d 1176, 1178 (8th Cir.1992), Radecki initially had to prove a prima facie case of discrimination by a preponderance of the evidence, see id.

We hold the district court erred in limiting its “knowledge” inquiry to the date defendants sent Radecki the eviction notice (August 16). In assessing whether and when defendants knew of Radeeki’s handicap, the court should have considered the date Radecki was actually evicted (December 16), as the FHA provides that unlawful discrimination occurs when a dwelling is “den[ied]” to a renter because of that renter’s handicap. See 42 U.S.C. § 3604(f)(1)(A); see generally Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 211-12, 93 S.Ct. 364, 367-68, 34 L.Ed.2d 415 (1972) (FHA must be given “generous construction” to carry out “ ‘policy that Congress consider^] to be of the highest priority”’ (quoted source omitted)); Havens Realty Corp. v. Coleman, 455 U.S. 363, 380, 102 S.Ct. 1114, 1125, 71 L.Ed.2d 214 (1982) (FHA has broad, remedial purpose). Consequently, we believe that Radeeki’s deposition testimony and Carol Joura’s affidavit created a genuine issue of material fact as to the knowledge element: Carol Joura attested defendants were informed of Radecki’s discrim[*117] ination claim after August 16; and Radecki testified he explicitly told defendants he had a disability on September 1, he or his attorney told defendants of his handicap sometime after August 16, and his October 27 HUD charge indicated that defendants were harassing him to move because of his handicap. Thus, summary judgment was improper.

On remand, the district court should also consider whether defendants discriminated against Radecki by refusing to accommodate his handicap. See 42 U.S.C. § 3604(f)(3)(B) (discrimination under FHA occurs by “a refusal to make reasonable accommodations ... when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling”); United States v. California Mobile Home Park Management Co., 29 F.3d 1413, 1416 (9th Cir.1994) (FHA imposes affirmative duty upon landlords to make reasonable accommodations for handicapped persons); H.R.Rep. No. 100-711, at 28-29 (1988), reprinted in 1988 U.S.C.C.A.N. 2173, 2189-90 (courts should apply standard articulated in School Bd. of Nassau County v. Arline, 480 U.S. 273, 107 S.Ct. 1123, 94 L.Ed.2d 307 (1987), to determine whether FHA requires accommodations; although tenancy may be denied if individual poses direct threat and significant risk of harm to health and safety of others, “[i]f a reasonable accommodation could eliminate the risk, entities covered under [the FHA] are required to engage in such accommodation”).

Accordingly, we reverse and remand for further proceedings consistent with this opinion.