University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Kelly FH-MS-0004
Docket / Court 5:10-cv-00186-DCB-JMR ( 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 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. ... read more >
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.

Maria Ricaurte - 02/01/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Provide antidiscrimination training
Reporting
Defendant-type
Multi-family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
General
Housing
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. ยงยง 3601 et seq.
Defendant(s) Kelly
Plaintiff Description United States Department of Justice on behalf of tenants of a Vicksburg, MS apartment complex
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 2012 - 2014
Case Closing Year 2012
Case Ongoing No
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)
5:10-cv-00186-DCB-JMR (S.D. Miss.) 03/20/2012
FH-MS-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint 05/19/2011
FH-MS-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/20/2012
FH-MS-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bramlette, David C. (S.D. Miss.)
FH-MS-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burkhalter, Donald R. (Mississippi)
FH-MS-0004-0001
Crockett, Jessica Clarke (District of Columbia)
FH-MS-0004-0001 | FH-MS-0004-0002 | FH-MS-0004-9000
Maurer, Michael S. (District of Columbia)
FH-MS-0004-0002 | FH-MS-0004-9000
Paige, Mitzi Dease (Mississippi)
FH-MS-0004-0001 | FH-MS-0004-0002 | FH-MS-0004-9000
Perez, Thomas E. (District of Columbia)
FH-MS-0004-0001 | FH-MS-0004-9000
Rosenbaum, Steven H. (District of Columbia)
FH-MS-0004-0001 | FH-MS-0004-0002 | FH-MS-0004-9000
Defendant's Lawyers Lawson, Penny Beckwith (Mississippi)
FH-MS-0004-9000
Parker, R. E. Jr. (Mississippi)
FH-MS-0004-0002 | FH-MS-0004-9000
Vance, Alison Tasma (Mississippi)
FH-MS-0004-0002 | FH-MS-0004-9000
Walker, Jeffrey A. (Mississippi)
FH-MS-0004-0002 | FH-MS-0004-9000
Whitney, Clifford C III (Mississippi)
FH-MS-0004-9000
Other Lawyers None on record

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