Case: United States v. Wheeling Housing Authority

5:11-cv-00009 | U.S. District Court for the Northern District of West Virginia

Filed Date: Jan. 14, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On January 14, 2011, the Department of Justice filed this lawsuit in the U.S. District Court for the Northern District of West Virginia under the Fair Housing Act against the Wheeling Housing Authority. The Department of Justice, on behalf of African-American residents of the Hil-Dar apartment complex, sought declaratory, injunctive, and monetary relief, claiming that the Wheeling Housing Authority failed to take appropriate action when informed of racial harassment directed some African-Americ…

On January 14, 2011, the Department of Justice filed this lawsuit in the U.S. District Court for the Northern District of West Virginia under the Fair Housing Act against the Wheeling Housing Authority. The Department of Justice, on behalf of African-American residents of the Hil-Dar apartment complex, sought declaratory, injunctive, and monetary relief, claiming that the Wheeling Housing Authority failed to take appropriate action when informed of racial harassment directed some African-American residents by other residents of the apartment complex. Specifically, the plaintiffs claimed that the defendant failed to respond to reports of verbal abuse, racial slurs, threats, and attempted assaults by a neighboring family.

On April 26, 2012, a consent order was approved by Judge Frederick P. Stamp in which the defendant agreed to cease all forms of racial discrimination, provide general notice of nondiscrimination to its tenants and prospective tenants, provide nondiscrimination training to its employees, maintain certain records and adhere to a reporting schedule, and provide the plaintiffs with monetary relief in the amount of $18,500. The consent order was in effect until 2015.

On May 30, 2013, parties agreed to modify the terms of Paragraph 19 of

the Consent Order to ensure that the defendant establish and adopt a policy to contact the Wheeling Police Department within seven days of receiving notification, from a resident or another source, that the Wheeling Police Department has visited the Hil-Dar Apartment Complex, and collect any reports of such police visits.

On March 18, 2014 Judge Stamp, in response to a motion filed by the plaintiffs, issued an order to distribute monetary damages to a minor who was soon reaching the age of majority.

The consent decree terminated in 2015, and the case is now closed.

Summary Authors

Gregory Pitt (8/2/2012)

Lakshmi Gopal (5/15/2016)

People


Judge(s)

Stamp, Frederick Pfarr Jr. (West Virginia)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Frank, Beth Susan (New York)

Ihlenfeld, William J. II (West Virginia)

Majeed, Sameena Shina (District of Columbia)

McGonigal, Alan G. (West Virginia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Delk, Jr., David L. (West Virginia)

Judge(s)

Stamp, Frederick Pfarr Jr. (West Virginia)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Frank, Beth Susan (New York)

Ihlenfeld, William J. II (West Virginia)

Majeed, Sameena Shina (District of Columbia)

McGonigal, Alan G. (West Virginia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Delk, Jr., David L. (West Virginia)

Documents in the Clearinghouse

Document

5:11-cv-00009

Docket [PACER]

March 18, 2014

March 18, 2014

Docket
1

5:11-cv-00009

Complaint

Jan. 14, 2011

Jan. 14, 2011

Complaint
24

5:11-cv-00009

CONSENT ORDER

United States of America v. Wheeling Housing Authority

April 26, 2012

April 26, 2012

Order/Opinion
27

5:11-cv-00009

Agreement to Modify Consent Order

May 30, 2013

May 30, 2013

Pleading / Motion / Brief
29

5:11-cv-00009

Order to Distribute Monetary Damages to Minor, When Age of Majority is Reached

March 18, 2014

March 18, 2014

Order/Opinion

Resources

Docket

Last updated May 29, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Wheeling Housing Authority, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet).(copy to Judge)(soa) (Entered: 01/18/2011)

Jan. 14, 2011

Jan. 14, 2011

2

MOTION for Leave for Beth Frank to Appear Pro Hac Vice by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(copy to Judge)(soa) Modified on 1/18/11 to insert name and regenerate NEF. (Entered: 01/18/2011)

Jan. 14, 2011

Jan. 14, 2011

4

ORDER: Granting 2 Motion for Leave to Appear Pro Hac Vice of Beth Frank Signed by Senior Judge Frederick P. Stamp, Jr on 1/19/11. (soa) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

5

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. UNITED STATES OF AMERICA waiver sent on 2/10/2011, answer due 4/11/2011. (Attachments: # 1 Attachment Notice of Lawsuit and Request for Waiver of Service of Summons)(McGonigal, Alan) (Entered: 02/11/2011)

Feb. 11, 2011

Feb. 11, 2011

6

Defendant's Answer and Affirmative Defenses to Complaint ANSWER to Complaint by Wheeling Housing Authority.(Delk, David) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

7

ORDER −− FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non−governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 6/6/2011. Rule 26 Meeting Report due by 6/13/2011. Initial Discovery disclosures due by 7/5/2011. Signed by Senior Judge Frederick P. Stamp, Jr on 4/12/11. (soa) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

8

REPORT of Rule 26(f) Planning Meeting. (McGonigal, Alan) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

9

SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 1/27/2012. Discovery due by 3/30/2012. Motions due by 4/13/2012. Proposed Pretrial Order due by 7/3/2012. Pretrial and Settlement Conference set for 7/9/2012 02:15 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. Bench Trial set for 7/24/2012 08:30 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 6/14/11. (cc) (c to counsel Rosenbaum by regular U.S.Mail) Modified on 6/15/2011 to correct trial time. (cc). NEF REGENERATED (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

10

Corporate Disclosure Statement by Wheeling Housing Authority. (Delk, David) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

11

Defendant's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A) Other Document filed by Wheeling Housing Authority. (Delk, David) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

12

CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re United States Rule 26 Disclosures (McGonigal, Alan) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

13

MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(McGonigal, Alan) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

14

CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child (McGonigal, Alan) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

15

ORDER re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA : Conference to Discuss Appointment of GAL set for 4/2/2012 10:00 AM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 3/27/12. (soa) (copy mailed to S. Rosenbaum) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

16

ORDER RESCHEDULING CONFERENCE re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. Conference rescheduled for 4/3/2012 02:30 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. (Rescheduling the conference set in Docket Entry No. 15)(copy mailed to S. Rosenbaum) Signed by Senior Judge Frederick P. Stamp, Jr on 3/28/12. (soa) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

17

Intention to Participate by Phone In Conference Other Document filed by Wheeling Housing Authority. (Delk, David) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

18

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Frederick P. Stamp, Jr: Motion Hearing held on 4/3/2012 re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. (Court Reporter Cindy Knecht.) (soa) (Entered: 04/04/2012)

April 3, 2012

April 3, 2012

19

ORDER Scheduling Evidentiary Hearing re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA. Evidentiary Hearing set for 4/23/2012 01:15 PM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 4/10/12. (soa) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

20

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Frederick P. Stamp, Jr: Evidentiary Hearing re 13 MOTION (Unopposed Motion) to Enter Consent Order and Distribute Monetary Damages to Minor Child filed by UNITED STATES OF AMERICA held on 4/23/2012. Court approves Settlement. (Court Reporter Cindy Knecht.) (soa) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

21

Witness List of Evidentiary Hearing.(soa) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

22

Proposed Consent Order by UNITED STATES OF AMERICA. (McGonigal, Alan) (Entered: 04/24/2012)

April 24, 2012

April 24, 2012

24

CONSENT ORDER: This Consent Order shall be in effect for a period of three (3) years from its date of entry. Signed by Senior Judge Frederick P. Stamp, Jr on 4/26/2012. (kac) (Copy to counsel) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

25

ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT APPROVING SETTLEMENT AND DISMISSING CASE: The settlement between the parties which includes a minor beneficiary is hereby APPROVED. Further, as all matters in controversy in this matter have been settled and resolved, this civil action is DISMISSED WITH PREJUDICE. Signed by Senior Judge Frederick P. Stamp, Jr on 4/26/2012. (kac) (Copy to counsel) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

26

STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Attachment Declaration of Michael J. Stickley, # 2 Exhibit A − Signature card, # 3 Exhibit B − Release of claims)(McGonigal, Alan) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

27

Agreement to Modify Consent Order Other Document re 24 Order filed by UNITED STATES OF AMERICA. (McGonigal, Alan) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

29

ORDER: Granting 28 Motion For Distribution of Monetary Damages to Minor When Age of Majority is Reached; money may be distributed to minor on 4/1/14, upon proper presentation of identification. Signed by Senior Judge Frederick P. Stamp, Jr on 3/18/14. (soa) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

Case Details

State / Territory: West Virginia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Jan. 14, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States on behalf of African-American residents of an apartment complex in West Virginia

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wheeling Housing Authority (Wheeling), City

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $18,500

Order Duration: 2012 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Recordkeeping

Reporting

Issues

General:

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black