University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Cogan FH-KY-0001
Docket / Court 3:10-cv-00533 ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Disability Rights-Pub. Accom.
Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On August 10, 2010, the United States Department of Justice filed a lawsuit in the United States District Court for the Western District of Kentucky against owners, designers, builders and managers of an apartment complex, claiming the multifamily dwellings built for first occupancy after March 13, ... read more >
On August 10, 2010, the United States Department of Justice filed a lawsuit in the United States District Court for the Western District of Kentucky against owners, designers, builders and managers of an apartment complex, claiming the multifamily dwellings built for first occupancy after March 13, 1991 were not accessible to persons with disabilities in violation of the Fair Housing Act, 42 U.S.C. §3601-3619. The plaintiff sought injunctive, declaratory, and monetary relief.

Specifically, Plaintiff claimed that, among other things, the public use portions of the dwellings were unusable to persons with disabilities; that doors on ground floor units are not wide enought to allow passage by persons using wheelchairs, that the interior of the dwellings do not contain required features of adaptive design, such as accessible routes, light switches, electrical outlets, or useable batrooms and kitchens. Further, Plaintiff claimed that exterior areas including parking lots have excessive abrupt level changes, excessive running slopes, and cross slopes that make maneuvering wheelchairs and other mobility aids dangerous.

On December 8, 2011, the Court approved a three-year Consent Decree agreed to by the parties. Besides a general injunction against discrimination on the basis of disability, the decree required, among other things, specific retrofits to be made and reviewed by a neutral inspector, recordkeeping and release of information concering any new construction, training of employees as to the requirements of the decree, and a total payment of $275,000 to identified aggrieved persons.

On December 15, 2014, the Court (Judge Charles R. Simpson, III) entered an order upon the expiration of the Consent Decree. The United States did not move to extend the decree. The case was dismissed with prejudice.

Denise Heberle - 08/03/2012
Asma Husain - 02/14/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Provide antidiscrimination training
Recordkeeping
Defendant-type
Multi-family housing provider
Disability
Mobility impairment
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Record-keeping
Plaintiff Type
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) New Cut Partnership
Plaintiff Description United States Department of Justice
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 - 2013
Case Closing Year 2014
Case Ongoing No
Docket(s)
3:10-cv-00533 (W.D. Ky.) 12/15/2014
FH-KY-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/10/2010
FH-KY-0001-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Order 12/10/2011
FH-KY-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Judgment 12/15/2014 (W.D. Ky.)
FH-KY-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Simpson, Charles Ralph III (W.D. Ky.)
FH-KY-0001-0002 | FH-KY-0001-0003 | FH-KY-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hale, David Jason (Kentucky)
FH-KY-0001-0001 | FH-KY-0001-0002
Lee, Ryan G. (District of Columbia)
FH-KY-0001-0001 | FH-KY-0001-0002 | FH-KY-0001-9000
Maurer, Michael S. (District of Columbia)
FH-KY-0001-0001
Nobile, Emily (District of Columbia)
FH-KY-0001-9000
Schecter, Ben (Kentucky)
FH-KY-0001-0001 | FH-KY-0001-0002 | FH-KY-0001-9000
Defendant's Lawyers Brooks, Robert M. (Kentucky)
FH-KY-0001-0002 | FH-KY-0001-9000
Coffey, Nicole M. (Kentucky)
FH-KY-0001-9000
Crawford, Steven M. (Kentucky)
FH-KY-0001-0002 | FH-KY-0001-9000
Hodge, Brian (Kentucky)
FH-KY-0001-0002 | FH-KY-0001-9000
McConnell, Vic L. (Tennessee)
FH-KY-0001-9000
Orr, Jefferson C. (Tennessee)
FH-KY-0001-9000
Roberts, Erwin (Kentucky)
FH-KY-0001-0002 | FH-KY-0001-9000
Other Lawyers None on record

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