UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
RALPH R. JOHNSON; and DAWN
STOCKTON,
Defendants.
___________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States to enforce the provisions of Title VIII of
the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq.
- This Court has jurisdiction over this action under 28 U.S.C. § 1345 and
42 U.S.C. § 3614(a).
- Defendant Ralph R. Johnson is the owner of the Carriage Inn Apartment Complex
("Carriage Inn"), an apartment complex in Mobile, Alabama that has approximately fifty units.
He resides in Mississippi.
- Defendant Dawn Stockton was the on-site manager of the Carriage Inn from
approximately 1996 to early 2000. She resides in Louisiana.
- The Carriage Inn apartments are dwellings within the meaning of 42 U.S.C. § 3602(b).
- Since at least 1992, Defendant Johnson has had a policy and practice of denying
apartments to black persons and families with young children. He had instructed the on-site
managers of the Carriage Inn not to allow black persons or children to live there. The managers
- including Defendant Stockton - carried out these instructions by, among other things,
representing to black persons and to families with young children that no apartments were
available when apartments were in fact available and refusing to rent apartments to black
applicants and families with young children.
- Defendant Stockton, during the time she was the on-site manager of the complex from
1996 through 2000, implemented the discriminatory policies of Defendant Johnson by refusing to
rent apartments to black persons and families with young children and falsely denying to black
persons that apartments were available while telling white persons of available apartments and
allowing them the opportunity to rent the apartments at the Carriage Inn.
- Defendants, through the actions referred to in paragraphs 6 and 7, have:
- refused to rent, or to negotiate for the rental of, or otherwise made unavailable
or denied, a dwelling because of race or color, in violation of 42 U.S.C. § 3604(a);
- made, or caused to be made, statements with respect to the rental of a dwelling
that indicate a preference, limitation, or discrimination based on race or color, or
an intention to make such preference, limitation, or discrimination, in violation of
42 U.S.C. § 3604(c); and
- represented because of race or color that a dwelling was not available for
inspection or rental when such dwelling was in fact so available, in violation of
42 U.S.C. § 3604(d).
- Defendants, through the actions referred to in paragraphs 6 and 7, have:
- refused to rent, or to negotiate for the rental of, or otherwise made unavailable
or denied, a dwelling because of familial status, in violation of
42 U.S.C. § 3604(a); and
- made, or caused to be made, statements with respect to the rental of a dwelling
that indicate a preference, limitation or discrimination based on familial status, or
an intention to make such preference, limitation, or discrimination, in violation of
42 U.S.C. § 3604(c).
- Defendants' conduct described above constitutes:
- a pattern or practice of resistance to the full enjoyment of rights secured by
Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. § 3601 et seq.; and
- a denial to a group of persons of rights granted by Title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of 1988,
42 U.S.C. § 3601 et seq., which denial raises an issue of general public
importance.
- There are victims of Defendants' discriminatory actions and practices who are
aggrieved persons as defined in 42 U.S.C. § 3602(i). All of these persons may have suffered
actual injury and damages as a result of the above actions and practices.
- The discriminatory actions of the Defendants were intentional, willful and/or taken in
reckless disregard for the rights of others.
WHEREFORE, the United States prays that the Court enter an ORDER that:
- Declares that the discriminatory housing practices of Defendants as set forth above
violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.;
- Enjoins Defendants, their agents, employees, successors, assigns, and all other persons
in active concert or participation with them from discriminating on the basis of race, color, or
familial status against any person in any aspect of the rental of a dwelling;
- Awards such actual damages as would fully compensate each identifiable victim of
Defendants' discriminatory housing practices for injuries suffered as a result of these
discriminatory practices, pursuant to 42 U.S.C. § 3614(d)(1)(B);
- Awards punitive damages to each identifiable victim of Defendants' discriminatory
housing practices, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
- Assesses a civil penalty against the Defendants in order to vindicate the public interest,
pursuant to 42 U.S.C. § 3614(d)(1)(C).
The United States further prays for such additional relief as the interests of justice may
require.
|
JOHN ASHCROFT Attorney General |
GINNY S. GRANDE United States Attorney 63 South Royal Street Suite 600 Mobile, AL 36602 (334) 441-5845 (334) 441-5051 (fax) |
WILLIAM R. YEOMANS Assistant Attorney General Civil Rights Division |
|
JOAN A. MAGAGNA Chief Housing and Civil Enforcement Section |
|
ISABELLE M. THABAULT Deputy Chief ELLEN M. BOWDEN REBECCA A. BOND Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, D.C. 20035-5998 (202) 305-0835 (202) 514-1116 (fax) |
Document Filed: June 27, 2001.