Jerome Johnson, George Walker v. Verlin C. Hale, Cheryl Hale

Jerome Johnson and George Walker appeal from a judgment awarding them $250 ($125 each) in compensatory damages for the emotional harm suffered as a result of racial discrimination in refusing to rent them an apartment. They argue that this de minimis award is clearly erroneous in light of the evidence presented, the policy considerations applicable to the case, other similar cases and this Court’s remand order. We agree and reverse, remanding to the district court for an award which complies with our previous remand order. Johnson v. Hale, 940 F.2d 1192 (9th Cir.1991) (per curiam).

I.

Defendant-appellees, Verlin and Cheryl Hale, own rental property in Billings, Montana and advertise their apartments in the newspaper. In March, 1988, Johnson and Walker, who are both African-American, telephoned Cheryl Hale in response to one of the Hales’ newspaper advertisements. Ms. Hale invited them to view the units then available. However, when Johnson and Walker arrived, she refused to show them the apartments, explaining that her husband would not allow her to rent to “Negro men.” Johnson and Walker left without protest.

Thereafter, Johnson and Walker filed suit in federal district court,…