University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Warren Properties, Inc. FH-AL-0005
Docket / Court 1:09-cv-00237 ( S.D. Ala. )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On April 29, 2009, the United States Department of Justice (DOJ) brought a suit in the United States District Court for the Southern District of Alabama under the Fair Housing Act, 42 U.S.C. §3602(h). Plaintiff claimed Defendants, the owners, operators, property managers and area supervisors of a 1 ... read more >
On April 29, 2009, the United States Department of Justice (DOJ) brought a suit in the United States District Court for the Southern District of Alabama under the Fair Housing Act, 42 U.S.C. §3602(h). Plaintiff claimed Defendants, the owners, operators, property managers and area supervisors of a 196-unit rental property located in Mobile Alabama, discriminated against a resident with mobility impairments by refusing to rent him a ground floor apartment as a reasonable accommodation. The resident intervened. The Plaintiffs sought injunctive, declaratory, and monetary relief, and civil penalties.

Specifically, Plaintiffs claimed that Defendants' refusal to make a reasonable accommodation by providing a ground floor unit for the resident, despite their knowledge that his mobility impairments made it dangerous and difficult for him to use stairs, and despite the availability of an accessible unit, violated the Fair Housing Act and caused Plaintiff to suffer serious injuries which ultimately forced him to use a wheelchair for mobility.

After about a year and a half of discovery disputes, on December 28, 2010, the Court (Judge Callie Granade) approved a four year consent decree. Along with general prohibitions against discrimination on the basis of disability, and education programs for employees, the decree requires Defendants to develop a reasonable accommodation policy to be made widely available to current and propsective residents, and to hire a "Reasonable Accommodation Facilitator." Defendants also agreed to pay $1,195,000 to the Plaintiff Intervenor and $55,000 to the United States for fees and costs.

The case was terminated on February 22, 2011.

On January 21, 2015, the Court (Judge Callie V. S. Granade) dismissed the case with prejudice.

Stacey McClurkin - 02/02/2012
Asma Husain - 02/14/2016


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Issues and Causes of Action
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Issues
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Disability (inc. reasonable accommodations)
Plaintiff Type
Private Plaintiff
U.S. Dept of Justice plaintiff
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Evelyn Graves, Area Supervisor
Laurie Weaver, Property Manager
Warren Properties, Inc.
Plaintiff Description United States Department of Justice on behalf of individual with mobility impairments.
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 2010 - 2014
Case Closing Year 2015
Case Ongoing No
Docket(s)
1:09−cv−00237 (S.D. Ala.) 01/21/2015
FH-AL-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/29/2009
FH-AL-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint and Demand for Jury Trial 03/17/2010
FH-AL-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 12/27/2010
FH-AL-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Granade, Callie V. (S.D. Ala.)
FH-AL-0005-0001 | FH-AL-0005-0003 | FH-AL-0005-9000
Nelson, Katherine P. (S.D. Ala.) [Magistrate]
FH-AL-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brewster, Henry (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0003 | FH-AL-0005-9000
Brown, Kenyen R. (Alabama)
FH-AL-0005-0004
Childs, Robert F. Jr. (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0003 | FH-AL-0005-9000
Colson, Deidre L. (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0004 | FH-AL-0005-9000
Hannan, Daniel Alexander (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0003 | FH-AL-0005-9000
Lowell, Craig L. (Alabama)
FH-AL-0005-0003 | FH-AL-0005-9000
Moore, Gary Alan (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0003 | FH-AL-0005-0004 | FH-AL-0005-9000
Perez, Thomas E. (District of Columbia)
FH-AL-0005-0001 | FH-AL-0005-0003
Rosenbaum, Steven H. (District of Columbia)
FH-AL-0005-0001 | FH-AL-0005-0003
Seidel, Eugene A. (Alabama)
FH-AL-0005-0001 | FH-AL-0005-0003
Singer, Elizabeth A (District of Columbia)
FH-AL-0005-0001 | FH-AL-0005-0003
Wilson, Joshua (Alabama)
FH-AL-0005-0003 | FH-AL-0005-9000
Wiseman, Holly Lee (District of Columbia)
FH-AL-0005-9000
Defendant's Lawyers Corley, Alicia Jacob (Alabama)
FH-AL-0005-9000
Gaillard, Thomas O. III (Alabama)
FH-AL-0005-0003 | FH-AL-0005-9000
Helmsing, Frederick George Jr. (Alabama)
FH-AL-0005-9000
Jacob, Alicia Marie (Alabama)
FH-AL-0005-9000
Rossler, James B. (Alabama)
FH-AL-0005-9000
Strassburg, David Alan Jr. (Alabama)
FH-AL-0005-9000
Upchurch, Michael E. (Alabama)
FH-AL-0005-9000
Other Lawyers None on record

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