Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 1 of 8 PageID 1

UNITED STATES DISTRJCT COURT FOR THE MIDDLE DISTRJ CT OF FLORIDA
TAMP A DIVISION

UN ITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

ROBE RT S. CA IRNS AND KATERJNA D.

)

CA I RNS,

)

)

Defe ndan ts.

)

----------------------- )

CASE NO.

COMPLAINT AND DEMAND FOR JURY TRIAL

The United States of Ameri ca alleges:

1. This acti on is brought by the United States to enforce Title VIII of the Civi l Ri ghts Act of

1968, as amended by the Fair Hous ing Amendments Act of 1988, 42 U.S.C. §§ 360 1, el

seq. (the "Fair Housi ng Act" or the "Act"). The United States brings this action on behalf

of DeVauglm Duncan an d her three children, James Gainey, Charl es Tucker and RW ,

pursuant to Section 812(0) of the Fair Housing Act, 42 U.S.C. § 36 12(0).

.Juri sdiction and Venue

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 13 3 1 and 1345, and

42 U.S .C. §§ 36 12(0).

3.

Venue is proper under 28 U.S.C . § 1391 because the events or omi ss ions giving rise to

the United States' claim s occurred in this judicial district.

Pal-tics and Propcrtv

4. Defendants Robert S. Cairns and Katc rina D. Cairns, a married couple, jointly own and

manage several rental pro perties in the Tampa area, including a single-famil y, three-

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 2 of 8 PageID 2
bedroom home located at 11331 Southwind Lake Drive, Gibsonton, Florida (the "subject property"). They have rented these properties through the Tampa Housi ng Authority ("T HA") Housing Choice Voucher ("Section 8") Program. 5. The subject property is a dwell ing withi n the meaning of 42 U.S .c. § 3602(b). 6. At all ti mes relevant to this action, Defendants were both in volved in all aspects of the rental of thei r jointly owned properties, including the subject property, and served as agents for each other with respect to such rentals.
Factual Allegations 7. Complainant DeVaughn Duncan is an African-American woman. Ms. Duncan's
children, Comp lainants James Gainey, Charles Tucker and RW, who are also AfricanAmerican, were sixteen (16), fifteen (15), and eleven (11)-years old, respectively, in August 2007. 8. In mid-July 2007, Ms. Duncan, who was a participant in THA's Section 8 voucher program, visited THA's Section 8 office seeking a home for herself and her children. At the office, she saw a listing for the subject property. 9. Shortly afterward, Ms. Duncan contacted Mr. Cairns and told him she would like to see the property. The two met at the property on or about July 9, 2007, and, after Mr. Cairns showed her the home, Ms. Duncan informed him that she would like to rent it for herself and her three minor children begirming in late July or early August 2007. 10. On or about July 12,2007, TE A issued Ms. Duncan a Section 8 voucher for the home, setting the maximum monthly rental value of the property and stating that a "payment not ice" of the rental amount Ms. Duncan would be obligated to pay under the voucher
2

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program would be issued after the unit passes inspection and the family moves in. Under the terms of the program, Tl-IA would pay the remainder of any approved rental amount. II. On or about July 30, 2007, Mr. Cairns and Ms. Duncan met again and signed a lease for the subject property, and Mr. Cairns gave Ms. Duncan the keys to the property. Mr. Cairns in formed Ms. Duncan that he would work with her if she were unable to pay a full month 's rent and the full security deposit by the move-in date. Accordingly, the two agreed orally that Ms. Duncan would pay approximately half of the first month 's rent and half of the security deposit after the move-in date. 12. Defendants offered 10 red uce or defer move-i n payments, such a<; the fi rst month 's rent and security deposit, to other Section 8 tenants of theirs. 13. On August 2, 2007, Ms. Duncan and her three children moved into the subject properly. Ms. Duncan and Mr. Cairns agreed to meet at the property at I :00 p.m. on August 4, 2007, at which lim e Ms. Duncan was to pay Mr. Cairns approximately halfofthe first month 's rcnt and half of the security deposit, with the expectation that THA would pay the balance of the rent after it inspected the property and set a max imum monthl y rent. 14. On the even.ing of August 3, 2007, Ms. Duncan telephoned Mr. Cairns to remi nd him of their scheduled meeting the next day. During that conversation, Mr. Cairns said he thought they were to meet at 11 :00 a.m. , rather than I :00 p.m., but Ms. Duncan reminded him that the schedul ed time of their meet ing was 1:00 p.m. 1S. On August 4, 2007, Mr. Cairns telephoned Ms. Duncan at her office shortly after 11:00 3.111., infonning her that he was at the property and demanding to know why she was not there to meet him. She reminded him again that they were to meet at I:00, not 11 :00, and said that she had arranged to have so meone else meet him at the property at
3

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 4 of 8 PageID 4
1:00 to pay him because she could not leave work. Mr. Caims told Ms. Duncan that if she were not at the property in fifteen minutes, he would change the locks on the doors. 16. At that point, Ms. Duncan lost her cell phone connection with Mr. Ca irns and irrunediately tried to call him several times from her office phone, but he did not pick up. 17. Ms. Duncan tel ephoned her husband, Michael Brown, and asked him to go d irectly to the property to pay Mr. Cairns with money she had given him prev iously for that purpose. Mr. Brown arrived at the property at approximately 12:30 p.rn. with the agreed-upon amount to pay Mr. Cairns. Upon his arrival, Mr. Brown saw Mr. Cairns coming out of the house with a clear plastic bag fu ll of locks. When Mr. Brown approached Mr. Cairns and offered him the money, Mr. Cairns told him it was too late because he had already changed the locks. 18. Mr. Brown asked Mr. Cairns where Ms. Duncan 's children were. Mr. Cairns replied that he told them they had to get out of the house and to go to the neighbors' house because he was changing the locks. Then Mr. Cairns drove away with Mrs. Cairns, who was waiting for him in a vehicle in fTont of the property. Mr. Brown confirnled that thc locks had been changed and that the chil dren were not inside the house, and he checked the neighbors' house but the children were not there . 19. Mr. Brown telephoned Ms. Duncan, who became frantic when he told her what had happened. He initiated a search for the children and found them nearl y tJlfee hours later under all underpass approximately a quarter-mile from the subject property. The children were still dressed in their night clothes. 20. Later that day, Ms. Duncan checked into a motel with her three children and drove with Mr. Brown to the subject property. From there she telephoned the Hillsborough County
4

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 5 of 8 PageID 5
Sheriff s Department to report that she and her children had been evi cted and locked out ofmeir home . A sheriff s deputy mel them at the property and telephoned Mr. Cairns from hi s cell phone. When Mr. Cairns answered, the deputy explained to him that
under Florida law, he co uld not evict the famil y without a court order.
2 1. While the deputy was talking with Mr. Cairns, Mrs. Cairns took the phone and the deputy repeated what he had told her husband. Mrs. Cairns replied mat it was her house and she could do what she wanted. When the deputy told her she was mistaken, Mrs. Cairns responded, " Let me talk to that f**ki ng nigger," or words to that effect, referring to Ms. Duncan. The deputy advised her that her lan guage was inappropriate and she cursed at him.
22. The deputy handed the phone to Ms. Duncan, and Mrs. Cairns said to her, " J can't believe you niggers called the police on liS. You niggers make me sick. 1just want your ni gger asses out or my ho use," or words to that effect.
23. The Cairns refused to co me to the property that night to let Ms. Duncan and her children back into the house. Ms. Duncan anempted to reach them by telephone the next day, August 5, 2007, but Defendant s did not answer the phone or return her phone messages.
24. On August 6, 2007, Mrs. Cairns met Ms. Duncan at the property and gave her the keys in exchange for the previous ly-negotiated rental payment and security deposit, the same amount of money Mr. Brown had tendered two days earlier. The two women also entered into a written agreement that day requiring Ms. Duncan to pay the balance of the monies owed in two installments, on August 11 and August 25, 2007.
25 . On or about August 6, 2007, Ms. Duncan telephoned her Section 8 counse lor to inform her of the Cairns' actions. Her counselor told her that THA wou ld not complete the work
5

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 6 of 8 PageID 6
necessary for THA to contribute to Ms. Duncan's rental paymems because the counselor had received an irate cal l from Mr. Cairns saying he wanted Ms. Duncan o ut of his home. 26. Accordingly, Ms. Duncan and her chi ldren moved out of the properly on September 2, 2007 .
n Ul) Administrative Process 27. On or abollt December 6, 2007, Complainants filed a complaint with the United States
Department of I-lousing and Urban Development (" HUD"), all eging that Defendants violated the Fair Housing Act by discriminati ng in the rental of the subject property because of race or co lor. 28. In accordance with 42 U.S.c. §§ 3610(a) and (b), the Secretary of HUD conducted and completed an investigation of the complaint, attem pted conci liation without success, and prepared a final investigative report. Based on the information gathered in this investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g), determined that reasonab le cause existed to believe that illegal discriminatory housing practices had occurred. Therefo re, on or about September 30, 20 I0, the Secretary issued a charge of discriminatio n pursuant to 42 U.S .C. § 361 O(g), charging the Defendan ts wi th engag ing in discrimi natory practices on the bas is of race or color in violation of the Fair Housing Act, 42 §§ 3604(a) and.3604(c), and 3617. 29. On October 25, 20 I0, Ms. Duncan and her children elected to have the claims asserted in HUD 's charge resolved in a civi l action pursuant to 42 U.S.C. § 3612(a). 30. On October 26, 20 I0, the Administrative Law Judge issued a Notice of Election and tenninated the administrative proceeding on the I-IUD complaint.
6

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 7 of 8 PageID 7
31. Following this Notice of Election, the Secretary of HUD authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 36 12(0). Fair Housing Act Violations
32. Plaintiff re-alleges and here in incorporates by reference the all egat ions set forth in paragraphs 1-3 1, above.
33. By the acti ons set forth above, Defendants have: (a) Refused to negotiate for the rental of housing, or otherwise made unavailable or denied housing because ofrace or color, in violation of 42 U.S.C. § 3604(a); (b) Made or caused to be made one or more statements with respect to the rental of a dwell ing that indicated a preference, a limitation, or discrimination based on race or color, in violation of 42 U.S.C. § 3604(c); and (c) Coerced, inti midated, threatened, or interfered with Complainants in the exerc ise or enjoyment of, or on account of their having exercised or enjoyed, rights granted or protected by Section 804 of the Fair Hous ing Act, 42 U.S.C. § 3604, based on race or color, in violation of 42 U.S.C. § 3617.
34. The Com plainants afe aggri eved persons with in the meaning of 42 U.S.c. § 3602(i), and have suffered injuries as a result of Defendants' discrim inatory conduct.
35. Defendants' actions as described above were intentional, wi llful, and taken in disregard for the rights of the Complainants. Prayer for Relief
WHEREFORE, th e United States requests that tbe Court enter an Order: I. Declaring tJlat the discri mi natory co nduct of Defendants as set forth above violates the
Fair Housing Act;
7

Case 8:11-cv-00100-RAL-TGW Document 1 Filed 01/14/11 Page 8 of 8 PageID 8

2. Enj oining Defendants, their employees, agents, and successors, and all other persons in

active concert or participation with any of them, from discrimi nating on the basis of race

or color in violation of the Fai r I-lousing Act; and

3. Awarding monetary damages to the Complainants pursuant to 42 U.S.C. §§ 36 12(0)(3)

and 3613(c)( I).

The United States further prays for such additional relief as the in terests of justice may

reqUIre.

400 North Tampa Street, Suite 3200 Tampa, FL 33602 Phone: (813) 274-6087 Fax: (813) 274-6198 Ken neth.Stegeby@usdoj.gov

ERIC H. HOLDER, JR.

Attorney General

CL <& E
THOMAS E. PEREZ

~

Assistant Attorney General

Civil Ri ghts Divisio n

~~

Chief, Housi ng and Civil Enforcement Secti on

Deputy CI ef NANCY F. LANGWORTHY Attorney BarNo. 377947 (D.C.) U.S. Department o f Justice Civil Rights Di vision I-rousing and Civil Enforcement
Section 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Phone: (202) 6 16-8925 Fax: (202) 514-11 16 N a ncy.Langworthy@ usd oj.gov

8

Case 8:11-cv-00100-RAL-TGW Document 1-1 Filed 01/14/11 Page 1 of 2 PageID 9

''''-is 44 (R.v. 121\17)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information conlai ned herein neilher repl ace nor supplement the fil ing and service ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Jud Icial Confcrence ofthc Un Ited Slates in September \ 974, is reqUired for ihe use of the Clerk of Court forthe purpose ofm itiatmg
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I.
Un iled Slates of America

Robert S. Cairns and Kalerina D. Cairns

(b) County of Residence of First Listed Pl aintiff
(EXCEPT IN U S. PLAINTIF F CASES)

County of Residence of First Listed Defendant

Hillsborough County

(IN U,S. PLAINTIFf CASES ONLY)

NOTE, IN LAND CONDBvINATION CASES, USE TIlE LOCATION OF THE LAND INVOLVED.

(c) Anorney 's (Fi~n Name. Ad<hs$, ,,,,d Telephone i':umber)

Attorneys (If Known)

Nancy F. Langworthy; Attorney for the United Siales; 9S0

Thomas A. Smith, E sq., 800 W. Plait, Suite 3, Tampa, FL

p~,

~~~~-..~~~~~~~~-=~~~ (Place an "XHiu One Box Only)

C ITIZE NS HIP OF NU NC IPAL. PARTIES(Place.n "XHin One lIox for Plaintiff

IX I U,S Governmen i
Plai~,iff

o 3 Federal Que'ti on
(U.S. Go,'emment Not a Patty)

(Foc Di~rsity C~$ Only)

PTF

Ci,i=, of This State

0 I

Dt:F 0 I

and Ono Box for DefC[><iru,t)

[ncorporaled or Principal Place

" TF rH: F
0 4 a4

"fBusiness h' "fni s Slat.

a 2 U.S. Go""mmem
Defendl\tlt

a 4 Diversity
(Indica' . Ci,i~onship of l'arti.s in Item IIJ)

Citi""n of Anothor Slat"
Citi~en oc Subj..:t ofa
m

o 2 a 2 Incorporated ondPrincipoJ PI.ce
of Business In ATI Qth... St.,.
a 3 0 3 Foreil!ll NOli""

LJ 5 a 5 LJ 6 a 6

0

0

0

0

,;

0

" 0 '
0;

l'eRSOI';AL INJ UIn' 310 Airplane 3tS Airpl.". Product
Liability 320 A,saull, Libel &
Slander 330 Fed.",1 EmplO)lers'
Liabi lity 340 Mari". 345 Marine !'TOOuct
Liability 350 Motor Vehicle ]55 Motor Vehicl.

610 Agriculture 62000.,. Food & Drug 625 Drug Rela'ed Sci=<:
of Property 21 USC 881 630 Liquor laW! 640 R.R. & Truck 650 Airlille Reg •. 660 Occupational
SafctylHcalth
,
Ao; 720 Latoor/Mgmt. Relatio", 730 Labor"'{gmt.Rc-pon;ng
&; ])i$(;lo."n: Aot 740 Railway Labor Act 790 Oth... Labor Litigation 79 1 Empl , Ret, Inc.
Security Act
;,
Alien Octainee 465 O,b.,,- lrrunignnion
Actio1l$

422 Appc.128 USC 158 423 Withdrawal
28 USC 157
,
840 Trademarl:

400 State Re.pportionmenl 410Antitrust 430 Bani:.< and Banking 450 Comme",e 460 Depon.,ion 470 Racketee, In""""oed and
CorruP' Organi...,ion! 480 Consumer Credit 490 C.ble!Sa, TV 810 Solo.ti". Service 850 Securities/Commodities!
Exchonge 875 C","omerChalienge
12 USC3410 890 Other Statutory Actions 891 Agriculmral Acts 892 Economic Stabilization Act 893 En\,iron",."t. l Mattcrs 894 Energy Alloca,ion Act S95 Fre.dom oflnfon"..tio"
900Appcal ofF•• Octenni".,ion U"d.r Equal Access to Ju,tice
950 Cons,itutiOtllt [ity of Stat. Statute.

V. OIUCIN
~ I Original Proceeding

(Place all "X" in 0". Bo.• Ordy)

o 2 Removed from

0 3 Remanded from

StilteCourt

Ap"'"Hale Court "-

0 4 Reinstated or 0
Rco""ned
~-

5 Tanroalnhs~frerdr,s~tn~crtom 0 6 MLituil"t~ildii ostnrict

s eel

0"""

Appeal to Disaict
0 7 Judge from
Magistrate JlId ment

'-;;;:;::::::':::i::i'.:'i:=:"'-==':"::::":::"':':::::::====:"::=-====':':':===::"':'::::"':'::==='-'--- or VI. CAUSE

C\"I,lheeUV ,SI,

C0 \'llhSetIILt4.IteVIlIjndKerlgWnhtischAyoCl.tl

aonr :

f,ii~intln!s.(,1a)0snoatmci

etenjuareisddi,c4ti.p.::JllUIl.

~tll lJtlt$,v nle.ss ;:;'.L.. ,.,OU'I,

dei,VsHes;qt Y.):I'h e

nt-air H ousl"ng Ac''')

ACT I ON IEhiefde~cription of cause:

Detendants made hOUSing unavailable or otherwise denied housing because 01 race.

VI I. REQUE STED IN

o CII ECK IF THIS IS A CLASS ACT ION

DEMAND 5

C HEC K YES only ifdemanded in complain\'

COM PLAINT:

UNDER F.R.cr . 23

JUI~Y DIi:MANI};

"Yf y(S a No

VII I. R ELATE D CAS l<~ (S) (See in.tructiorlS);
IF ANY

JUDGE

DOCKET NUMBER

01/14/2011
FOil. OFJl IC[ USE OI<iLY

- - - - - - R£CEII'T ~

AMOUNT

APPLYlt-:G IFP _ _ _ _ _ __

Case 8:11-cv-00100-RAL-TGW Document 1-1 Filed 01/14/11 Page 2 of 2 PageID 10
JS 44 Re•....., (Re• . 121(7)

lNSTRUCTIONS FOR ATTORNEYS COMI'LET ING CIVIL C OVER SHEET FORM JS 44

Aut hority For C ivil Cover Sheet

TIle 1S <1 4 civil cover shee t and the information contained herein neither replaees nor supplcments the filings and service of pleading or other papers as required by law, except as provided by local rules ofcourt. 111i$ form, approved by the Jud icial Conference of tile United States in September 1974, is required fortile use oftheClerk ofCoun for the purpose ofiniti atin g the c ivil docket sheet. Consequently, a civil cover sheet is submitted to tbe Clerk ofCourt for each civil complaint filed. lbc atlomcy filing a case should complete tbe fOnD as follows:

I. (3) PlaintiITs·Ddenda nu. Enter names(Iast, first. middle initial) of plaintiffand defendant. Iflhe plain tiffordefcndant is a gO\'erruncnt agency, use only the full name or sumdard abbrev iat ions. If the plaintiffor defe ndant is an official within a govemmelllllgeney, identify first the agency and th en the official, giving
both name and title.

(b) Coullty of Reside nce. Fo r elleh civi l case filed, except U.S. plaintiff cases. cn ter the name ofthe county where thc first listed plainliffrcsides at the time of fil ing. In U.S. plaintiff cases, cntcr thc name of the county in wh ich thc first listed de fendant res ides at the time of filing. (NOTE: In land condemnatioll cases, the counly of res idelice of the "defendant" is the location of the tract of land involved.)

(c) Attonleys. Enter the finn n~me, ad dress, telephone number. and allomey of reco rd. If th ere nre seve ral allomeys, list them on an attaclunent, noting in this section "(see attac hment)".

II . Ju risd ict ion. The basis ofjurisdiction is sct forth under Rul e 8(a), F.R.C.P., which requires thatjurisdiclions be shown in plcadings. Place an "X" in one of the boxes. If there is mort: 1111111 one basis ofjurisdiction, precedence is given in the orde r ShOW11 below.

United States plaintiff. ( I) Jurisdiction based on 28 U.S.c. 1345 and 1348. Suits by age ncies and om cers of the United States are included he re.

United States defendaill. (2) Whellthe plaintifTis suing the United Statcs, its officers or agencies, place an " X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction urises under the Constitution of the United States, an amendment to the Co nstitution, an act of Co ngress or a trealy o f the United Stales. In cases where the U.S. is a party. the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked.

Diversity ofcitizenship. (<I) 111is re fers to suits under 28 U.S.C. 1332, wbere panics are citizens ofdi ffe rent states. When Box 4 is checked, the citizenship of the dilTere..nt parties must be checked. (Sec Section 1lJ below; federal question actions take precedence over di vers ity cases.)

Ill . I{ ui dencc (citiu I1Shil) of I' r indllall'arti rs. This section oftlle JS 44 is to becorn pleted ifdiversity of ci tizenshi p was indicated above. Mark this section for each principtll pany.

IV. Na ture of Sui I. Place an '?::" in the appropriate box. Ifthe nature ofsuiI cannot be detemlined, be sure the cause ofaction, in Seclion VI below, is sufficient to cnable the deputy clerk or the statislieal clerks in the Administrative Office to detemline the nature ofsuit. If tbe cause fits more than one nature of suit, select the most defin ith·e.

V. Odgin. Place an "X" in one of the seven boxes.

Original Proceedings. (I) Cases which ori ginate in the United Stales district courts.

Removed from Sl<I\e Coun. (2) Proceedings in itiated in state courts may be removed to the district couru under Title 28 U.s.c., Section 1441. When the petit ion for removal is gmnted. check this box.

Remanded from Appe llate Court. (3) Check Ihis box for cases remanded 10 Ihe district court for fu rther action. Use the date of remand as the filing date.

Rei nstated or Reopened. (4) Check this box for eases reinstated or reopened in the district coun. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases tronsferrcd under Title 28 U.S.C. Section 140<l(a). Do not use this for within district transfers or rnultidistriet litiglltion trnnsfers.

Multidistrict Li tigation. (6) Check this box when a multidistrict case is tmnsferred into the district under au thority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appcalto District Judge from Magistrate Judgme nt. (7) Check this box for lin appeal froll] a mag istrote judge's decis ion.

VI. Ca useofAetioll . Report the civil statute direct ly relaled to the causcofaction and give It bricf descript ioll ofthe cause. Do lIot cite jurisdictiona l statutes

unless diversity.

E.~ ample:

U.S. Civil Statutc: 47 USC 553

Brief Descri ption: Unautno nzed rece ption of c:1ble service

VII. Req u ~ l cd in Co mplaint. Class Action. Place an "X" in tilis box if you ure riling a class aelion under Rule 23, F.R.Cv.P.

Demand. In this space cnter the dollar amount (i n thousands ofdollars) being demanded or indicate other demand sueb as a preliminary inj unction.

Ju ry Dcmund. Check the appropriate box to indicate whether or nOI ajury is being demanded.

VI n . Related Cucs. This section of tile JS 44 is used to reference related pending cases if any. If there arc relaled pending cases. insen the docket numbers and the corresponding judge names for such cases.

Date and Att orn ey SignMlure. Dale and sign the civil co\'cr sheet.

 
 Case 8:11-cv-00100-RAL-TGW Document 20 Filed 04/11/11 Page 1 of 13 PageID 93

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,

)

)

)

Plaintiff.

)

)

and

)

)

DEVAUGHN DUNCAN, her minor

)

son, R.W., JAMES GAINEY, and

)

TRA VIS TUCKER,

)

)

Plainti ITs- Intervenors,

)

)

v.

)

)

ROBERT S. CAIRNS and KATERINA D. )

CAIRNS,

)

)

Defendants.

)

---------------------)

Case No. 8:II-cv-IOO-RAL-TGW

CONSENT DECREE

I. Introduction

On January 14,201 I. the United States instituted this action against Raben S. Cairns and

Kalerina D. Caims, a married couple, on behalf of Devaughn Duncan and her three chi ldren,

James C. Gainey. Trav is D. Tucker,l and R.W., a minor, pursuant to Section 812(0) of the Fair

Housing Act, 42 V.S.c. § 3612(0). On February 16,2011 , Ms . Duncan, on behalf of herself and

R. W., and Mr. Gainey and Mr. Tucker moved to intervene. (Okt. 7). That motion was granted on

February 17,2011. by order orthe Court, which accepted the filing of the complaint orMs.
I Mr. Tucker was rercrred to as "Ch3rles" Tucker in the Uniled Siaies' complain!. in accordance with infonnalion provided Ihe United States by his llllomeys. SL'e United States' complaint (Okl. I) at paragraph s 1 and 7. His attorneys subsequently infonned the Uniled Slales and the Cairns that Mr. Tucker's first name is "Travis," as rcnc:-ctoo in the caption above.

Case 8:11-cv-00100-RAL-TGW Document 20 Filed 04/11/11 Page 2 of 13 PageID 94
Duncan and her children ("Plaintiffs/Intervenors") (Dkt. 7-1) on the same date. (Dkt. 8).2 Hence, this Consent Decree resolves the claims of PlaintiIT United States and PlaintifTslfntervenors against the Cairns.
The actions of Plaintiff United States and PlaintiITs/lntervenors were brought pursuant to the Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42
U.S.c. § 3601, et seq. (the "Act"). The PlaintiITs' complaints allege that Mr. and Mrs. Cairns
evicted Ms. Duncan and her children from a single-family rental home in Gibsonton, Florida because of their race or color, made one or more statements with respect to the rental of the home that indicated a preference, a limitation, or discrimination based on race or color, and, coerced, intimidated, threatened or interfered with Ms. Duncan and her children in their exercise or enjoyment of, or on account of their having exerc ised or enjoyed, rights granted or protected by Section 804 of the Act, in violation of Sections 804(a) and (c) and 3617 of the Act, 42 U.S.c. §§ 3604(a) and (c) and 3617.
The parties stipulate that this Court has subject matter jurisdiction over this action pur,uantlo 28 U.S.C. §§ 1331, 1345, and 42 U.S.c. § 3612(0). The parties wish to avoid protracted and costly litigation and agree that this dispute should be resolved without the necessity of further proceedings or trial. Therefore, the parties consent to the entry of this Consent Decree, as indicated by the signatures below.
Therefore. it is hereby, ORDERED, ADJUDGED, and DECREED that:
! The Coun gramed Plaintiffs/lmervenors' molion pursuant 10 Section 812(0)(2) oflhc Fair Housing ACI, which provides Ihal "[a]ny aggrieved person with respect 10 the issues 10 be determined in a civil action under [Section 812(0» may intervene as of right in that civil action."
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II. Injunctive Relief Robert S. Cairns and Katerina D. Cairns, and any agents, employees, successors, and persons in active concert or participation with them, are enjoined from: A. Refusing to rent after the making of a bona fide offer, or refusing to negotiate for
the rental of. or otherwise making unavailable or denying, a dwelling to any person because of race or color, in violation of 42 U.S.c. § 3604(a); B. Making, printing or publishing, or causing to be made, printed or published any notice. statement or advertisement. with respect to the rental of a dwelling. that indicates any preference, limitation. or discrimination based on race or color, or an intention 10 make any such preference, limitation, or discrimination, in violation of 42 U.S.C. § 3604(c); and C Coercing. intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, rights granted or protected by Section 804 of the Fair Housing Act, 42 U.S.C. § 3604, based on race or color, in violation of 42 U.S.C § 3617.
III. Mandatory Education and Training A. Within sixty (60) days after the date of entry of this Consent Decree, Defendant
Robert Cairns and any of Defendants' employees or agents with responsibility for renting or managing dwellings shall attend a program of educational training focus ing on the Consent Decree and federal. state and local fair housing laws, regulations and ordinances. Copies of the Consent Decree shall be provided to all
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such employees and agents in advance of the training. The training shall be conducted by a qualified individual or organization unconnected to the Defendants or their counsel that has been previously approved by the United States. The training shall be videotaped. Any expenses associated with this training shall be borne by the Defendants. By October 31, 2011, Defendant Katerina Cairns shall attend a similar approved fair housing training. J B. Within ten (10) days after the training required above, the Defendants shall provide to the United States and Plaintiffs/Intervenors certificates confirming attendance at the training in the form of Appendix A, as well as copies of certificates of completion from the trainers, or signatures from the trainers confirming attendance. "
IV. Notification to Public of Nondiscrimination Policies Within ten (10) days after the date of entry of this Consent Decree, the Defendants shall take the following steps to notify the public of their nondiscriminatory policies: A. Post and prominently display at any place of business where the Defendants
conduct renlal activity andlor have personal conlact with applicants for rental of their property, a Fair Housing Poster. See 24 C.F.R. Part 110; and
j Ms. Cairns is presently oul or the country and will nOI return until September 20 II. Ms. Cairns must sign and return the training ceniricate to the United States and PlaintirTsIIntervenors by November 10, 2011. SCI! Section III. D., below. ~ The training materials and any other matenilis the Derendants are required to provide the United States and Plaintiffs/Intervenors pursuant to this Decrce (see Sections III lind IV, below) shall be submilled, respectively, via overnight mail 10: Chier, Housing and Civil Enrorcement Scelion, Civil Rights Division, United Slates Departmcnl of Justice, 1800 G Slrcct, N. W., Suite 7002, Washington, D.C. 20006, AUn: OJ 1# 175-17M-495; and Migdalia Figueroa, Esquire, Bay Area lcgal Services, Inc., 18238 U.S. 301 Soulh, Wimlluma, Floridll 33598.
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8. Include the words, "Equal Housing Opportunity," or the fair housing logo (see 24 C.R.F. § 110.25) in any advertising conducted by the Defendants in newspapers, telephone directories, radio,television or other media, and on all billboards, signs, pamphlets, brochures and other prominent literature. The words or logo should be prominently placed and easily legible.
C. Within ten (10) days of displaying the Fair Housing Poster and publishing or printing any advertisements, including billboards, signs, pamphlets and brochures regarding any rental properties, the Defendants shall provide the United States and Plaintiffs/Intervenors with copies of the poster and any such advertisements. V. Record Keeping and Monitoring
A. The Defendants shall preserve all records pertaining to their obligations under the Decree. Upon rcasonable notice to the Defendants' counsel, representatives of the United States Department of Justice and counsel for Plaintiffs/Intervenors shall be pennilted to inspect and copy all such records at reasonable times in order to monitor compliance with the Decrec.
B. The Defendants shall give counsel for the United States and Plaintiffllntervenors written notice within fifteen (15) days of receipt of any written or oral complaint against the Defendants, regarding discrimination on the basis ofrace or color, and a description of the resolution ofany such complaint within fifteen (IS) days of resolution. If the complaint is written, the Defendants shall provide a copy of it with the notice. The notice shall include the full details of the complaint, including 5

Case 8:11-cv-00100-RAL-TGW Document 20 Filed 04/11/11 Page 6 of 13 PageID 98
the complainant's name, address and telephone number. The Defendants shall also promptly provide the United States and Plaintiffsllntervenors with all information they may request concerning any such complaint and its actual or attempted resolution . VI. Relleffor DeVaughn Duncan, James Gainey, Travis Tucker and R.W. A. On May 2, 2011, the Defendants shall pay Plaintiffs/Intervenors, Devaughn Duncan, James Gainey. Travis Tucker and R. W., S12,500 in compensatory damages by transferring that amount electronically into an account designated by Bay Area Legal Services,lnc., attorneys for Plaintiffs/Intervenors. Payments from that account will be disbursed to Plaintiffs/Intervenors by Bay Area Legal Services, Inc. in the following amounts: $3.125 to Devaughn Duncan; $3. J25 to Devaughn Duncan on behalfofR.W.; $3.125 to James Gainey; and $3.125 to Travis Tucker.5 B. On June 1,2011, Defendants shall pay Plaintiffsllntervenors an additional $12,500 in compensatory damages by transferring that amount electronically into the account designated by Bay Area Legal Services. Inc.• attorneys for Plaintiffs/Intervenors. A second set of payments from the account will be di sburscd to Plaintiffs/Intervenors by Bay Area Legal Services, Inc. in the following amounts: $3,125 to Devaughn Duncan; $3,125 to Devaughn Duncan on bchalfofR.W.; $3,125 to James Gainey; and $3.125 to Travis Tucker. for a total
' The identity ofthe financial institution and the number of the account into whieh the funds arc to be transferred will be provided in writing by counsel for Plaintiffs/Intervenors. together with instructions for such transfer, to counsel for Defendants no later than April 26, 2011.
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of$6,250 in compensatory damages to each Plaintiff/Intervenor and an overall total of damages in the amount of$25,OOO. C. Upon transfer of the second installment ofSI2,500 into the account, counsel for Plaintiffs/Intervenors shall send to the Defendants executed releases, substantially in the form of Appendix B, of all claims, legal or equitable, that Ms. Duncan, Mr. Gainey, Mr. Tucker and R.W. may have against the Defendants relating to the claims asserted in this lawsuit.
VII. Attorneys' Fees for Bay Area Legal Services, Inc. A. On May 2, 2011, the Defendants shall pay counsel for Plaintiffs/Intervenors, Bay
Area Legal Services, Inc., $2,500 in attorneys' fees by transferring that amount electronically into the account designated by Bay Area Legal Services, Inc.6 B. On June 1,20 II , the Defendants sha ll pay counsel for PlaintiffS/Intervenors, Bay Area Legal Services, Inc., an additional $2,500 in attorneys' fees by transferring that amount electronically into the account designated by Bay Area Legal Services, Inc. C. Upon transfer of the second installment of$2.500 into the account, for a total of $5,000, counsel for Plaintiffs/Intervenors shall send to counsel for the Defendants written confirmation that Defendants' obligation under this section of the Consent Decree has been fulfilled.
6 Again. the identity of the finnncial institution and the number of the account into which the funds are to be transferred will be provided in writing by counsel for Plaintiffs/Intervenors to counsel for DefendanlS,togctherwith instructions for such transfer, no later than April 26. 2011 .
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VIII. Duration of Decree and Termination of Legal Action A. The Court shall retain jurisdiction for three (3) years after the date of entry of this
Decree to enforce the terms of the Decree, at which time the case shall be dismissed with prejudice. Prior to the expiration of the Decree's term, Plaintiff United States andlor Plaintiffs/Intervenors may move the Court to extend the duration of the Decree for good cause, including on the basis that the Defendants have failed to comply with a provision of the Decree. B. The parties shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. However, in the event of a failure by the Defendants to perform in a timely manner any act required by this Decree, or otherwise to act in violation of any provision thereof, the United States andlor Plaintiffs/Intervenors may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorney's fees that may have been occasioned by the Defendants' violation or failure to perform.
IX. Time for Performance Any time limits for perfonnance imposed by this Consent Decree may be extended by the mutual, written agreement of the Plaintiffs and the Defendants.
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X. Costs of litigation Each party to this Consent Decree shall bear its own costs associated with this action. Defendants shall bear their own attorneys' fees and shall pay the fees of the attorneys for PlainliITs/lntervenors, Bay Area Legal Services, Inc., in the amount ofS5,OOO, as set forth in Section VII, above.
II is so ORDERED this ~ day of ;!,;' \., ~ .2011.
~~-
UNITED STATES DISTRICT JUDGE
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The undersigned apply ror and consent to the entry orthis Decree. For the Plaintiff United States:

ROBERT E. O'NEILL United States Attorney

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

By: E. Kennet" Stegeby E. KENNETH STEGEBY Assistant United States Attorney USAONo. 1I2 400 Nonh Tampa Street, Suite 3200 Tampa, Florida 33602 Phone: (813) 274-6303 Fax: (813) 274-6198 Kenncth .StegcbY@usdoi.gov

IslNanc y F, Langwgrt"v STEVEN H. ROSENBAUM Chief MICHAEL S. MAURER Deputy Chier NANCY F. LANGWORTHY Trial Attorney Bar No.: 377947 (D.C.) Housing and Civil Enrorcement Section Civil Rights Di vision U.S. Depanment of Justice 950 Pennsylvania Ave.• NW - G SI. Washington, D.C. 20530 Phone: (202) 616-8925 Fax: (202)514-1116 ';U ln .La ng \\ on 11\ ' (I u :-.~ I( li . t!(l \

For Plaintiffs Devaughn Duncan, James C. Gainey, Travis D. Tucker and R.W.

Is/Gregory Grossman GREGORY GROSSMAN Florida Bar No.: 0044068 MIGDALIA FIGUEROA Florida Bar No.: 0050989 Bay Area Legal Services, Inc. t 8238 U.S. 30 I South Wimauma, Florida 33498 Phone: (813) 634-6044, ext. 110
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Fax: (813)634-1106 mli gllcroa((t"ba Is.org !!l!I'OSsmnIl({i:ba Is. on.!. For Defendants Robert S. Cairns and Katerinn D. Cairns: /sfl'homQs A. Smith THOMAS A. SMITH Florida Bar No.: 75720 Law Offices of Thomas A. Smith 800 West Platt, Suite 3 Phone: (813) 254-8934 Fax: (813) 251-6621 IClstpru'iiJnol .com
II

Case 8:11-cv-00100-RAL-TGW Document 20 Filed 04/11/11 Page 12 of 13 PageID 104

APPENDIX A

Training Certificate

I certify that on

• 20_. I received training with respect to the Consent

Decree entered by the Court in UI/iled Slates v. Robert S. Caims alld Kater;na D. Calms, Civil

Action NO.8: II-cv-IOO (M.D. Fla.), and with respect to federal, stale and local fair housing laws,

including the federal Fair Housing Act. I have received a copy of and have read the Consent

Decree, and have had my questions about the Decree answered. I understand my responsibilities

under the Consent Decree and applicable fair housing laws and shall comply with those

responsibilities.

Signature

Print Name

Job Title

Date

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Case 8:11-cv-00100-RAL-TGW Document 20 Filed 04/11/11 Page 13 of 13 PageID 105

APPENDIX B

Release of Claims

In consideration orthe payment of the sum of _ _---:-_-;-:----:-;-c::--;-;;-::--_ _;-;;_

dollars ($

), pursuant to the Consent Decree entered in United Slaies and Devaughn

DUllcan. el al. v. Robert S. Cairns and Kaler;lIQ D. Cairns, Case No. 8: II-cv-IOO (M. D. Fla.), I,

-:;-------:---;:-;:--;-:c::---;;----:--,--:--' hereby release the Defendants named in this action

from any and all liability for any claims, legal or equitable, I may have against them arising out of

the issues alleged in the action as of the date of entry or that Consent Decree. I fully acknowledge

that I have read and understand this release and have executed it voluntarily and with full

knowledge of its legal consequences.

Dated: _ _ _ _ __

(NAME)

13

 
 Case: 8:11-cv-100 As of: 11/04/2018 04:36 PM EST 1 of 4
U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:11−cv−00100−RAL−TGW

CLOSED

USA v. Cairns et al Assigned to: Judge Richard A. Lazzara Referred to: Magistrate Judge Thomas G. Wilson Cause: 42:3601 Fair Housing Act
Plaintiff

Date Filed: 01/14/2011 Date Terminated: 04/13/2011 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

USA

represented by Erik Kenneth Stegeby US Attorney's Office − FLM Suite 3200 400 N Tampa St Tampa, FL 33602−4798 813/274−6000 Fax: 813/274−6200 Email: Kenneth.Stegeby@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory Sagor Grossman RJS Law Group 240 Apollo Beach Blvd Apollo Beach, FL 33572 813/641−0010 Fax: 813/641−0022 Email: Greg@RJSLawGroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Migdalia Figueroa Bay Area Legal Services, Inc. 18238 US Hwy 301 S Wimauma, FL 33598 813/634−6044 Fax: 813/634−1108 Email: mfigueroa@bals.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fay Langworthy US Department of Justice − Civil Rights Division 950 Pennsylvania Ave NW Washington, DC 20530 Email: nancy.langworthy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Devaughn Duncan

represented by Gregory Sagor Grossman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Migdalia Figueroa

Case: 8:11-cv-100 As of: 11/04/2018 04:36 PM EST 2 of 4

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fay Langworthy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff James Gainey

represented by Gregory Sagor Grossman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Migdalia Figueroa (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fay Langworthy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Travis Tucker

represented by Gregory Sagor Grossman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Migdalia Figueroa (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Fay Langworthy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Robert S. Cairns
Defendant Katerina D. Cairns

represented by Nancy Fay Langworthy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas A. Smith Thomas A. Smith, Esq. 10042 Woodstock Rd Odessa, FL 33556 813/254−8934 Fax: 813/251−6621 Email: tastpa@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Nancy Fay Langworthy (See above for address)

Case: 8:11-cv-100 As of: 11/04/2018 04:36 PM EST 3 of 4
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas A. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/14/2011 01/14/2011 01/19/2011 02/01/2011 02/01/2011 02/15/2011 02/16/2011 02/17/2011 02/17/2011 02/24/2011 02/24/2011 03/14/2011 03/14/2011 03/29/2011 03/29/2011 04/07/2011

# Docket Text
1 COMPLAINT against Katerina D. Cairns, Robert S. Cairns with Jury Demand filed by USA. (Attachments: # 1 Civil Cover Sheet) (DMS) (Entered: 01/14/2011)
2 REQUEST FOR WAIVER of Service sent to Katerina D. Cairns, Robert S. Cairns on 01/14/2011 by USA. (DMS) (Entered: 01/14/2011)
3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 − track 2. Notice of pendency of other actions due by 2/2/2011. Signed by Judge Richard A. Lazzara on 1/19/2011. (MSS) (Entered: 01/19/2011)
4 NOTICE of pendency of related cases re 3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by USA. Related case(s): No (Langworthy, Nancy) (Entered: 02/01/2011)
5 CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and notice of designation of track 2 by USA. (Langworthy, Nancy) (Entered: 02/01/2011)
6 WAIVER OF SERVICE returned executed on 02/15/2011 by USA as to Katerina D. Cairns, Robert S. Cairns. (Langworthy, Nancy) (Entered: 02/15/2011)
7 MOTION to intervene by Devaughn Duncan, James Gainey, Travis Tucker. (Attachments: # 1 Supplement Complaint in Intervention)(Grossman, Gregory) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 02/16/2011)
8 ORDER granting 7 Motion to Intervene. The Court accepts for filing the complaint attached to the motion. Defendants are directed to file a response within 20 days of this order. Signed by Judge Richard A. Lazzara on 2/17/2011.(SKH) (Entered: 02/17/2011)
9 INTERVENORS' COMPLAINT IN INTERVENTION against Katerina D. Cairns, Robert S. Cairns with Jury Demand filed by Travis Tucker, James Gainey, Devaughn Duncan.(LDB) Modified on 2/17/2011 (LDB). (Entered: 02/17/2011)
10 NOTICE by Katerina D. Cairns, Robert S. Cairns (Smith, Thomas) (Entered: 02/24/2011)
11 CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and notice of designation of track 2 by Katerina D. Cairns, Robert S. Cairns. (Smith, Thomas) (Entered: 02/24/2011)
12 MOTION for extension of time to file response/reply by All Defendants. (Smith, Thomas) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 03/14/2011)
13 ENDORSED ORDER granting 12 motion for extension of time to file response to complaint by all Defendants. Defendants shall file their response on or before 3/29/11. Signed by Judge Richard A. Lazzara on 3/14/2011. (DMB) (Entered: 03/14/2011)
14 Second MOTION for extension of time to file response/reply by All Defendants. (Smith, Thomas) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 03/29/2011)
15 ENDORSED ORDER granting 14 second motion for extension of time to file response by all Defendants. Defendants shall file their response on or before 4/8/11. Signed by Judge Richard A. Lazzara on 3/29/2011. (DMB) (Entered: 03/29/2011)
16 Unopposed MOTION to appoint Representative as General Guardian ad litem by Devaughn Duncan. (Grossman, Gregory) Motions referred to Magistrate Judge

Case: 8:11-cv-100 As of: 11/04/2018 04:36 PM EST 4 of 4

04/08/2011
04/08/2011 04/08/2011 04/11/2011 04/13/2011

Thomas G. Wilson. (Entered: 04/07/2011)
17 ORDER granting 16 Unopposed Motion Requesting Appointment of DeVaughn Duncan as Representative for Minor RW. DeVaughn Duncan is appointed the representative of RW to receive any settlement awards in this case on his behalf. DeVaughn Duncan is relieved of the responsibility of reporting to this Court with regard to the proceeds, property, and/or benefits of any settlement received in this case by RW. Signed by Judge Richard A. Lazzara on 4/8/2011. (SKH) (Entered: 04/08/2011)
18 MOTION to Approve Settlement in the form of a Consent Decree by All Parties. (Langworthy, Nancy) (Entered: 04/08/2011)
19 CONSENT DECREE by USA. (Langworthy, Nancy) (Entered: 04/08/2011)
20 CONSENT DECREE Signed by Judge Richard A. Lazzara on 4/8/2011. (see order)(MSS) (Entered: 04/11/2011)
21 ENDORSED ORDER directing clerk to CLOSE the case. Signed by Judge Richard A. Lazzara on 4/13/2011. (SKH) (Entered: 04/13/2011)