University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Indigo Investments, LLC FH-MS-0003
Docket / Court 1:09-cv-00376-LG-RHW ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On June 16, 2009, The United States filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act, 42 U.S.C. §3612, against the owners and managers of a 98-lot mobile home park located in Gulfport, Mississpppi. The Defendants leased lots ... read more >
On June 16, 2009, The United States filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act, 42 U.S.C. §3612, against the owners and managers of a 98-lot mobile home park located in Gulfport, Mississpppi. The Defendants leased lots to the the Federal Emergency Management Agency (FEMA), to house persons displaced by Hurricane Katrina. But the U.S. claimed (based on evidence from particular complainants and witnesses and on fair housing testing) that the site's management applied various park rules more harshly against African American tenants, openly made racial slurs, declared that they didn't want any blacks living at the park, and generally harassed and intimidated black tenants. The U.S. alleged both race discrimination against individual tenants, and a pattern and practice of race discrimination. The complaint sought declaratory, injunctive and monetary relief as well as civil penalties.

On November 15, 2010, the Court (District Judge Louis Guirola) denied Defendants' motions for summary judgment; the court found that the U.S. had produced evidence of discriminatory rule enforcement, racial bias, and harassment. The case was scheduled for trial; shortly before that date, the parties agreed to a three-year settlement. The Decree included the standard prohibition against discrimination, but it also prohibited the defendant manager from any future involvement in the rental real estate business. It contained detailed provisions regulating the conduct of the defendant owner in the event it re-entered the rental real estate business, including notice to the Plaintiff, fair housing training, notice provisions, non-discrimination policies, detailed reporting and recordkeeping requirements to allow Plaintiff to monitor its compliance, and consent to periodic compliance testing. Defendants agreed to pay $45,000 in monetary damages to 12 named aggrieved persons, $45,000 to the United States, and a $5,000 civil penalty. The case closed on January 18, 2011.

Asma Husain - 02/06/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Multi-family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
General
Disparate Treatment
Emergency shelter
Housing
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Homestead Mobile Home Village
Indigo Investments, LLC
Plaintiff Description United States on behalf of African-American mobile home tenants in FEMA housing after Hurricane Katrina.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2014
Case Closing Year 2011
Case Ongoing Yes
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:09-cv-07338 (S.D. Miss.) 01/18/2011
FH-MS-0003-9000.pdf | Detail
U.S. Department of Justice, Civil Rights Division, Special Litigation Section
General Documents
Complaint 06/19/2009
FH-MS-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Denying Summary Judgment and Motion to Strike 11/15/2010 (S.D. Miss.)
FH-MS-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/18/2011
FH-MS-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Guirola, Louis Jr. (S.D. Miss., W.D. Tex.) [Magistrate]
FH-MS-0003-0002 | FH-MS-0003-0003 | FH-MS-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fregiato, Christopher J. (District of Columbia)
FH-MS-0003-0002 | FH-MS-0003-9000
Harris, Stan (Mississippi)
FH-MS-0003-0001
Maranzano, Jennifer L. (District of Columbia)
FH-MS-0003-0002 | FH-MS-0003-9000
Maurer, Michael S. (District of Columbia)
FH-MS-0003-0001 | FH-MS-0003-0002
Murphy, Donna M. (District of Columbia)
FH-MS-0003-0001
Paige, Mitzi Dease (Mississippi)
FH-MS-0003-0001 | FH-MS-0003-0002 | FH-MS-0003-9000
Richmond, Erin M. (District of Columbia)
FH-MS-0003-0001 | FH-MS-0003-9000
Defendant's Lawyers Holleman, Tim C. (Mississippi)
FH-MS-0003-0002 | FH-MS-0003-9000
White, D. Jeffrey (Mississippi)
FH-MS-0003-0002 | FH-MS-0003-9000
Other Lawyers None on record

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