Published May, 2009
Franke v. Parkstone Living Center, Inc., Complaint, U.S. District Court for the Eastern District of Arkansas, Lambda Legal
Alleging violations of the Fair Housing Act, the Americans with Disabilities Act, the Arkansas Civil Rights Act, and the Arkansas Fair Housing Act, Lambda Legal filed this complaint on behalf of an HIV-positive man who was evicted from an assisted living facility because of his HIV status. The man was 75-years-old at the time of the eviction, and had been living in his unit for only one day. He was evicted when staff at the facility noticed the HIV diagnosis on his medical paperwork. Although the man needed assistance with activities of daily living, he did not need any special assistance beyond what any other elderly resident at the facility would need. The complaint seeks relief in the form of declaratory judgment that the facility discriminated against the man; an injunction preventing the facility from discriminating against this man, or any other HIV-positive individuals, in the future; compensatory damages; punitive damages; and costs and attorneys’ fees.
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