PAGE 1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CONSTANCE GEORGE,

Plaintiff,

v.

HOUSE OF HOPE RECOVERY, 

BRIDGES TO CHANGE, INC., 

WASHINGTON COUNTY 

DEPARTMENT OF HOUSING 

SERVICES, and PATRICIA BARCROFT,

Defendants.

Case No. 3:15-cv-1277-SI

OPINION AND ORDER

Moloy K. Good, GOOD LAW CLINIC, PLLC, 211 E. 11th Street, Suite 104, Vancouver, WA 

98660. Of Attorneys for Plaintiff Constance George.

Kenneth S. Mitchell-Phillips, THE LAW OFFICES OF KEN MITCHELL-PHILLIPS, P.C., 650 N.E. 

Holladay Street, Suite 1600, Portland, OR 97232. Of Attorneys for Defendants House of Hope 

Recovery and Patricia Barcroft.

Kyle T. Abraham, BARRAN LIEBMAN LLP, 601 S.W. Second Avenue, Suite 2300, Portland, OR 

97204. Of Attorneys for Defendant Bridges to Change, Inc.

Ryan J. McLellan and Sean K. Conner, SMITH FREED EBERHARD P.C., 111 S.W. Fifth Avenue, 

Suite 4300, Portland, OR 97204. Of Attorneys for Defendant Washington County Department of 

Housing Services.

Case 3:15-cv-01277-SI Document 43 Filed 02/08/17 Page 1 of 9
PAGE 2 – OPINION AND ORDER

Michael H. Simon, District Judge.

Plaintiff Constance George has sued House of Hope Recovery (“HOH”), Bridges to 

Change, Inc. (“Bridges to Change”), Washington County Department of Housing Services (the 

“County”), and Patricia Barcroft (“Barcroft”), collectively Defendants, alleging violations of: (1) 

the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601 et seq.; (2) 42 U.S.C. § 1981

(“Section 1981”); (3) and 42 U.S.C. § 1982 (“Section 1982”). All Defendants have filed motions 

for summary judgment. At oral argument, Plaintiff conceded Bridges to Change’s and the 

County’s motions, as well as her Section 1982 claim against HOH. Accordingly, the Court grants

summary judgment in favor of Bridges to Change and the County. Remaining before the Court is 

HOH and Barcroft’s motion for summary judgment against Plaintiff’s claims under the FHA and 

Section 1981. For the following reasons, HOH and Barcroft’s motion is granted in part and 

denied in part.

STANDARDS

A party is entitled to summary judgment if the “movant shows that there is no genuine 

dispute as to any material fact and the movant is entitled to judgment as a matter of law.” 

Fed. R. Civ. P. 56(a). The moving party has the burden of establishing the absence of a genuine 

dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The court must view 

the evidence in the light most favorable to the non-movant and draw all reasonable inferences in 

the non-movant’s favor. Clicks Billiards Inc. v. Sixshooters Inc., 251 F.3d 1252, 1257 (9th 

Cir. 2001). Although “[c]redibility determinations, the weighing of the evidence, and the 

drawing of legitimate inferences from the facts are jury functions, not those of a judge . . . ruling 

on a motion for summary judgment,” the “mere existence of a scintilla of evidence in support of 

the plaintiff’s position [is] insufficient . . . .” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 

255 (1986). “Where the record taken as a whole could not lead a rational trier of fact to find for 

Case 3:15-cv-01277-SI Document 43 Filed 02/08/17 Page 2 of 9
PAGE 3 – OPINION AND ORDER

the non-moving party, there is no genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith 

Radio Corp., 475 U.S. 574, 587 (1986) (citation and quotation marks omitted).

BACKGROUND

Plaintiff was a participant in Bridges to Change’s “Homeless to Work” program. Through 

Bridges to Change, Plaintiff discovered HOH, a non-profit organization that operates a 

residential recovery house in Beaverton, OR. ECF 36-1 at 6:19-7:1. HOH offers a “Christcentered Housing Opportunity” that aims “to support women while they become firmly grounded 

in a personal relationship with Jesus Christ as well as a strong recovery program, which includes 

recovery from drug/alcohol addiction.” ECF 36-2 at 2.

On March 5, 2013, Plaintiff and Nancy Ferry, an employee of Bridges to Change, met 

with Defendant Barcroft, HOH’s Executive Director, to determine whether Plaintiff qualified for 

housing at HOH. According to Plaintiff, who is an African-American Jehovah’s Witness,

Barcroft asked her, without any context, “how [Plaintiff] felt about white people.” ECF 36-1 at 

11:11-12. Plaintiff states that she responded that she “love[s] all people.” ECF 36-1 at 11:9-14.

Although HOH offered religious meetings, Barcroft did not tell Plaintiff that HOH requires 

attendance at religious meetings.1ECF 36-1 at 14:4-11. At the conclusion of the interview, 

Barcroft decided that Plaintiff could move into HOH. ECF 36-1 at 13:21-23. HOH and Barcroft 

dispute aspects of Plaintiff’s account of the initial interview, but have not filed any admissible 

evidence to support their version of the facts.

2

 

1

Plaintiff does not remember Barcroft reviewing the HOH’s rules and requirements 

during the interview. ECF 36-1 at 13:17-20.

2 Much of the factual support for HOH and Barcroft’s account of the interview, as well as 

other facts of this case, is contained in two documents. First, HOH and Barcroft have filed 

records of a complaint that Plaintiff filed with the Oregon Bureau of Labor and Industries’ Civil 

Rights Division (“BOLI”). ECF 29-1 at 2-60. Plaintiff objects to the BOLI records as hearsay. 

The Court overrules George’s objection to the BOLI records in part. The Court holds that 

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PAGE 4 – OPINION AND ORDER

Plaintiff arrived at HOH on March 10, 2013. ECF 36-1 at 12:10-11. On March 19, 2013, 

Plaintiff says she informed Barcroft that she was a Jehovah’s Witness and separately asked to be 

excused from the meeting that evening because she was ill. ECF 36-1 at 14:17-19, 16:6-7.

Plaintiff states that she was told that she had to attend the meeting, ECF 36-1 at 14:19-20, even 

though HOH’s “Cold & Flu Protocol” advises residents to stay in their rooms when feeling ill.

ECF 36-2 at 13. Plaintiff states that before she became ill, her intention had been to attend the 

meeting. ECF 36-1 at 21:15-18. According to Plaintiff, “[t]hat same evening a white woman 

asked, that was a resident of the house, asked to be excused due to illness. She was told to stay 

home and get well. But I was told that I had to attend the meeting.” ECF 36-1 at 15:9-12.

Plaintiff states that Barcroft terminated Plaintiff’s residency at HOH that same day. ECF 36-1 at 

22:11-17.

Plaintiff filed a complaint with BOLI on November 25, 2013. ECF 29-1 at 57. BOLI

determined that “[t]here is no substantial evidence that [Plaintiff] was subjected to unlawful 

discrimination based on race or that [Plaintiff] was unlawfully denied housing based on religion 

in violation of the Fair Housing Act . . . .” ECF 29-1 at 60.

 

BOLI’s factual findings are admissible as public records, but that any otherwise inadmissible 

hearsay statements contained within the BOLI records are not admissible. See Fed. R. Evid. 805; 

Schuett v. Eli Lilly & Co., 2011 WL 5865950, at *19 (D. Or. Nov. 22, 2011) (“While Rule 

803(8) allows for admission of the agency’s factual findings [in BOLI records], it does not allow 

the admission of hearsay contained within such factual findings.”).

Second, HOH and Barcroft have filed a declaration of HOH and Barcroft’s counsel. ECF 

29. George objects to paragraphs 4-5 and 7-28 of the declaration of counsel as not based on 

personal knowledge. The Court sustains George’s objection to paragraphs 4-5 and 7-28 of the 

declaration of counsel because these paragraphs summarize HOH and Barcroft’s account of the 

facts, and there is no evidence that counsel has personal knowledge of these facts.

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PAGE 5 – OPINION AND ORDER

DISCUSSION

Plaintiff brings a claim for both racial and religious discrimination against HOH and 

Barcroft under the FHA. Against HOH, Plaintiff also brings a claim for racial discrimination 

under Section 1981. Both of Plaintiff’s claims are for disparate treatment.

A. FHA

HOH and Barcroft argue that they are entitled to summary judgment on Plaintiff’s FHA 

claim because this Court should defer to the BOLI’s determination that the claim is not 

supported by substantial evidence. See Plummer v. W. Int’l Hotels Co., Inc., 656 F.2d 502 (9th 

Cir. 1981). HOH and Barcroft, however, provide no authority for the proposition that BOLI’s 

finding precludes Plaintiff’s right to a trial if there is a genuine issue of material fact.

3

The Court 

may not weigh the probative value of the evidence on a motion for summary judgment and thus

turns to HOH and Barcroft’s remaining arguments on Plaintiff’s religious and racial 

discrimination theories.

1. Religion

HOH and Barcroft argue that they may legally discriminate on the basis of religion 

because their activities are subject to the religious exemption to the FHA. See 42 U.S.C. 

§ 3607(a). The Court need not address this argument because, as discussed next, Plaintiff has not 

presented any evidence of disparate treatment on the basis of religion.

 

3 HOH and Barcroft cite Plummer for the proposition that “agency determinations ‘are 

entitled to great deference by district court[s].’” ECF 28 at 8 (quoting Plummer, 656 F.2d 

at 504). This quote from Plummer is found in an explanatory parenthetical for Blizard v. 

Fielding, 572 F.2d 13, 16 (1st Cir. 1978). In Blizard, the First Circuit noted earlier “authority

indicating that [Equal Employment Opportunity Commission] determinations are entitled to 

great deference,” but held that “with respect to a finding of no probable cause by the 

Commission, the law today is clear: such finding will not bar a trial de novo on the charges.” 572 

F.2d at 15-16. Accordingly, the First Circuit found that “[m]ere failure of the court in this 

instance to make reference to the EEOC findings is not sufficient to sustain an allegation of 

prejudicial error.” Id. at 16.

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PAGE 6 – OPINION AND ORDER

The FHA prohibits “discriminat[ion] against any person in the terms, conditions, or 

privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection 

therewith, because of race, color, religion, sex, familial status, or national origin.” 42 

U.S.C. § 3604(b). “FHA claims . . . may be brought under theories of both disparate treatment 

and disparate impact.” Comm. Concerning Cmty. Improvement v. City of Modesto, 583 F.3d 690, 

711 (9th Cir. 2009). Courts “analyze FHA . . . disparate treatment claims under Title VII’s threestage McDonnell Douglas/Burdine test.” Gamble v. City of Escondido, 104 F.3d 300, 305 (9th 

Cir. 1997); see also McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973); Tex. Dep’t of 

Cmty. Affairs v. Burdine, 450 U.S. 248 (1981). Accordingly, to establish a case of disparate 

treatment based on religion or race, a plaintiff must first show that: (1) she is a member of a 

protected class; (2) she was treated differently in the terms, conditions, or privileges of her rental 

relationship or in the provision of services or facilities to her as a tenant; and (3) the different 

treatment was, at least in part, because of her religion or race. See 42 U.S.C. § 3604(b).

Second, if the plaintiff establishes the prima facie case, the burden 

shifts to the defendant to articulate a legitimate, nondiscriminatory 

reason for its action.

Third, if the defendant satisfies its burden, the plaintiff must prove 

by a preponderance of evidence that the reason asserted by the 

defendant is a mere pretext.

Gamble, 104 F.3d at 305 (citations omitted).

In support of her claim, Plaintiff points to evidence that HOH excused another woman

from attending the meeting at issue after the woman informed HOH that she was ill, but the 

record contains no evidence of the other woman’s religion. Plaintiff also points to evidence that 

Plaintiff informed Barcroft that Plaintiff was a Jehovah’s Witness on the same day that Barcroft 

terminated Plaintiff’s residency, but there is no evidence in the record that Barcroft did not 

terminate a non-Jehovah’s Witness resident under similar circumstances. Accordingly, the Court 

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PAGE 7 – OPINION AND ORDER

grants summary judgment for HOH and Barcroft on Plaintiff’s claim of religious discrimination 

under the FHA.

2. Race

HOH and Barcroft also argue that the evidence does not support Plaintiff’s claim of racial 

discrimination, asserting without further elaboration, that ECF 29-1 provides “mounds of 

evidence” to refute her claim. ECF 28 at 9. HOH and Barcroft appear to be referring to hearsay 

statements contained in the BOLI records.

In response, Plaintiff points to evidence that on March 19, 2013, she asked to be excused 

from the meeting that evening because she was ill, but was told that she nevertheless had to 

attend the meeting. ECF 36-1 at 14:17-20. According to Plaintiff, “[t]hat same evening a white 

woman asked, that was a resident of the house, asked to be excused due to illness. She was told 

to stay home and get well. But I was told that I had to attend the meeting.” ECF 36-1 at 15:9-12. 

Plaintiff states that Barcroft terminated Plaintiff’s residency at HOH later that same day. ECF 

36-1 at 22:11-17. HOH and Barcroft argue that they terminated Plaintiff’s tenancy for legitimate, 

non-discriminatory reasons, namely that Plaintiff failed to attend the meetings that she was 

required to attend and gave conflicting stories about why she could not attend those meetings. 

HOH and Barcroft, however, identify no admissible evidence to support their version of the 

facts. The Court denies HOH and Barcroft’s motion for summary judgment against Plaintiff’s 

claim of racial discrimination under the FHA.

B. Section 1981

HOH argues that it is entitled to summary judgment against Plaintiff’s Section 1981 

claim for several reasons. First, HOH argues that there is no evidence of intentional race-based 

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PAGE 8 – OPINION AND ORDER

discrimination.4Section 1981 states that: “[a]ll persons within the jurisdiction of the United 

States shall have the same right in every State and Territory to make and enforce contracts . . . as 

is enjoyed by white citizens . . . .” 42 U.S.C. § 1981(a). The McDonnell Douglas analytical 

framework that applies to Plaintiff’s FHA claim also applies to her Section 1981 claim. Surrell v. 

Cal. Water Serv. Co., 518 F.3d 1097, 1105 (9th Cir. 2008). Plaintiff alleges that HOH’s 

discriminatory conduct deprived her of the “same right enjoyed by white citizens to lease and 

hold real property on the basis of her race.” ECF 1 ¶ 44. Because these allegations are based on 

the same conduct described above, Plaintiff’s evidence, viewed in the light most favorable to 

Plaintiff, is sufficient to defeat HOH’s motion for summary judgment.

In briefing, HOH also argues that Plaintiff’s Section 1981 claim is barred by Oregon’s

two-year statute of limitations for personal injury actions. See Or. Rev. Stat. § 12.110(1); 

Goodman v. Lukens Steel Co., 482 U.S. 656, 660-62 (1987) (upholding an appellate court’s 

application of the forum state’s statute of limitations for personal injury actions to a Section 1981 

claim). Plaintiff correctly responds that Goodman has been superseded by statute.

The four-year statute of limitations in 28 U.S.C. § 1658(a) applies to Plaintiff’s 

Section 1981 claim because the claim “was made possible by a post-1990 enactment.” Jones v. 

R.R. Donnelley & Sons Co., 541 U.S. 369, 382 (2004). Before Congress amended Section 1981 

in 1991, Section 1981 “cover[ed] only conduct at the initial formation of the contract and 

conduct which impair[ed] the right to enforce contract obligations through legal process.” 

Patterson v. McLean Credit Union, 491 U.S. 164, 179 (1989). Plaintiff does not allege either 

 

4 HOH compares Plaintiff’s allegations to those that the Fourth Circuit found insufficient 

in Francis v. Giacomelli, 588 F.3d 186, 195 (4th Cir. 2009). In Francis, the Fourth Circuit 

dismissed disparate treatment claims brought by two African-American plaintiffs based on an 

allegation that the two African-American plaintiffs allegedly suffered the same treatment as a 

third white plaintiff. Id. In contrast, Plaintiff alleges here that a white resident of HOH received 

different treatment.

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PAGE 9 – OPINION AND ORDER

type of conduct and would have been unable to bring a Section 1981 claim under Patterson. In 

1991, however, Congress amended Section 1981 to define the terms “make and enforce 

contracts” as “include[ing] the making, performance, modification, and termination of contracts, 

and the enjoyment of all benefits, privileges, terms, and conditions of the contractual 

relationship.” 42 U.S.C. § 1981(b); see also Jones, 541 U.S. at 373 (noting that the amendment 

was in response to Patterson). Because HOH’s alleged discriminatory termination of Plaintiff’s 

tenancy relates to “conduct that occurred after the formation of the contract,” Plaintiff’s Section 

1981 claim arises under the 1991 amendment and thus is not untimely. Jones, 541 U.S. at 373, 

382-83.5

CONCLUSION

Defendant Washington County Department of Housing Services’ Motion for Summary 

Judgment (ECF 22) is GRANTED. Defendant Bridges to Change, Inc.’s Motion for Summary 

Judgment (ECF 24) is GRANTED. Defendants House of Hope Recovery’s and Patricia 

Barcroft’s Motion for Summary Judgment (ECF 28) is GRANTED in part and DENIED in part; 

Plaintiff’s claim under Section 1982 is DISMISSED.

IT IS SO ORDERED.

DATED this 8th day of February, 2017.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

 

5

For similar reasons, the Court rejects HOH’s contention that it is entitled to summary 

judgment against Plaintiff’s Section 1981 claim because Section 1981 “covers only conduct at 

the initial formation of the contract and conduct which impairs the right to enforce contract 

obligations through legal process.” Patterson, 491 U.S. at 179. The 1991 amendment supersedes 

Patterson.

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