Jeremy Ray Morris, et ux. v. West Hayden Estates First Addition Homeowners Association, Inc.

We are somewhat hesitant to bring up the fact that some of our residents are non-Christians (avowed atheists) or people of another faith and we don’t even want to think of the problems that would bring up. - West Hayden Estates Homeowners’ Association Certified Letter to Morris family West Hayden Estates Homeowners’ Association sent a certified letter to homebuyers Jeremy and Kristy Morris about their planned Christmas display after they were under contract to buy a home, but before closing. The letter was sent after Mr. Morris informed the HOA he had a Christian ministry at his house: a 2- hour, 5-night per year Christmas fundraiser for children with cancer. After a 6-day trial in Idaho Federal District Court and 15 hours of deliberations, a jury unanimously found the HOA violated 42 U.S.C. § 3617, § 3604b, and § 3604c of the Fair Housing Act. Five months later, the judge flipped the verdict under Rule 50(b) despite a certified letter, a tape recorded confession, and testimony that the HOA President told the sellers that the HOA was “not want[ing] the Morris family to push their religious beliefs on others in the neighborhood.” (App.22a; App.70a). The questions presented for review are: 1. Whether the 9th Circuit erred by interpreting Rule 50(b) of the Federal Rules of Civil Procedure to permit a judge to overturn a jury verdict based on weighing evidence and the credibility of witnesses, thereby infringing on the Seventh Amendment right to a jury trial in civil cases in federal court.