Case: United States v. Kelly

5:10-cv-00186 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 18, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 18, 2010, the United States, on behalf of a Caucasian tenant and her mixed-race child, filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act against the manager and owners of a Vicksburg, Mississippi apartment building. The plaintiff sought declaratory, injunctive, and monetary relief, claiming that the tenant's lease was terminated due to both the race of the tenant's daughter and the tenant's association with Afric…

On November 18, 2010, the United States, on behalf of a Caucasian tenant and her mixed-race child, filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act against the manager and owners of a Vicksburg, Mississippi apartment building. The plaintiff sought declaratory, injunctive, and monetary relief, claiming that the tenant's lease was terminated due to both the race of the tenant's daughter and the tenant's association with African-Americans.

The parties proceeded with discovery for the next two years and trial was set for August of 2012. The parties also initiated a settlement conference in January 13, 2012, which resulted with an agreement subject to the court's approval.

On March 20, 2012, the court entered a consent decree enforcing the settlement agreement. The defendants did not admit to any violation of the Fair Housing Act, but agreed to change their practices and policies to prevent future violations. This agreement required the defendants to notify the public of their compliance with the Fair Housing Act, provide nondiscrimination training to their employees, provide notification to the United States of other complaints of discrimination, and pay plaintiffs $17,500 in settlement of the case. The consent decree was in effect until 2014. The case is now closed.

Summary Authors

Maria Ricaurte (2/1/2016)

People


Judge(s)

Bramlette, David C. (Mississippi)

Attorneys(s) for Plaintiff

Burkhalter, Donald R. (Mississippi)

Crockett, Jessica Clarke (District of Columbia)

Maurer, Michael S. (District of Columbia)

Paige, Mitzi Dease (Mississippi)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Lawson, Penny Beckwith (Mississippi)

Parker, R. E. Jr. (Mississippi)

Vance, Alison Tasma (Mississippi)

Judge(s)

Bramlette, David C. (Mississippi)

Attorneys(s) for Plaintiff

Burkhalter, Donald R. (Mississippi)

Crockett, Jessica Clarke (District of Columbia)

Maurer, Michael S. (District of Columbia)

Paige, Mitzi Dease (Mississippi)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Lawson, Penny Beckwith (Mississippi)

Parker, R. E. Jr. (Mississippi)

Vance, Alison Tasma (Mississippi)

Walker, Jeffrey A. (Mississippi)

Whitney, Clifford C III (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

March 20, 2012 Docket
22

First Amended Complaint

May 19, 2011 Complaint
52

Consent Decree

March 20, 2012 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Mississippi

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 18, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice on behalf of tenants of a Vicksburg, MS apartment complex

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

Kelly, Private Entity/Person

Defendant Type(s):

Multi-family housing provider

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: $17,500

Order Duration: 2012 - 2014

Content of Injunction:

Reporting

Provide antidiscrimination training

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black