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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, Mississippi. 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, Mississippi. The defendants leased lots to the Federal Emergency Management Agency (FEMA) to house persons displaced by Hurricane Katrina. 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 and members of interracial households, openly made racial slurs, declared that they didn't want any African American residents living at the park, and generally harassed and intimidated black tenants. The plaintiff sought declaratory, injunctive, and monetary relief, as well as civil penalties. The case was assigned to Judge Louis Guirola.

On November 15, 2010, the Court denied defendants' motions for summary judgment; the court found that the U.S. had produced sufficient evidence of discriminatory rule enforcement, racial bias, and harassment. Though the case was scheduled for trial, shortly before that date arrived, the parties agreed to a three-year settlement on January 7, 2011. The agreement included a standard prohibition against discrimination, but it also included restrictions on the defendant manager in any future involvements in the rental real estate business. These restrictions included 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 twelve 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
Christiana Johnson - 11/28/2019


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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 Moot
Filed Pro Se 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
Filed 06/16/2009
Case Closing Year 2014
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:09-cv-07338 (S.D. Miss.)
FH-MS-0003-9000.pdf | Detail
Date: 01/18/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
General Documents
Complaint [ECF# 1]
FH-MS-0003-0001.pdf | Detail
Date: 06/19/2009
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Denying Summary Judgment and Motion to Strike [ECF# 105] (S.D. Miss.)
FH-MS-0003-0003.pdf | Detail
Date: 11/15/2010
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 124]
FH-MS-0003-0002.pdf | Detail
Date: 01/18/2011
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Guirola, Louis Jr. (W.D. Tex., S.D. Miss.) [Magistrate] show/hide docs
FH-MS-0003-0002 | FH-MS-0003-0003 | FH-MS-0003-9000
Plaintiff's Lawyers Fregiato, Christopher J. (District of Columbia) show/hide docs
FH-MS-0003-0002 | FH-MS-0003-9000
Harris, Stan (Mississippi) show/hide docs
FH-MS-0003-0001
Holder, Eric H. Jr. (District of Columbia) show/hide docs
FH-MS-0003-0001
King, Loretta (District of Columbia) show/hide docs
FH-MS-0003-0001
Maranzano, Jennifer L. (District of Columbia) show/hide docs
FH-MS-0003-0002 | FH-MS-0003-9000
Maurer, Michael S. (District of Columbia) show/hide docs
FH-MS-0003-0001 | FH-MS-0003-0002
Murphy, Donna M. (District of Columbia) show/hide docs
FH-MS-0003-0001
Paige, Mitzi Dease (Mississippi) show/hide docs
FH-MS-0003-0001 | FH-MS-0003-0002 | FH-MS-0003-9000
Richmond, Erin M. (District of Columbia) show/hide docs
FH-MS-0003-0001 | FH-MS-0003-9000
Defendant's Lawyers Holleman, Tim C. (Mississippi) show/hide docs
FH-MS-0003-0002 | FH-MS-0003-9000
White, D. Jeffrey (Mississippi) show/hide docs
FH-MS-0003-0002 | FH-MS-0003-9000

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