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UNITED STATES OF AMERICA,
Plaintiff,
v.
THOMAS J. FISCHER and
DAWN FISCHER,
Defendants. |
COMPLAINT
JURY TRIAL DEMANDED |
______________________________
The United States of America alleges:
1. 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 to 3619.
2. This court has jurisdiction over this action under 28 U.S.C. § 1331, 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
3.Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the United States' allegations occurred in the District of Minnesota, the subject properties are located
in the District of Minnesota, and all of the defendants reside and/or do business in the District of
Minnesota.
4. Defendant Thomas J. Fischer ("Thomas Fisher") is a resident of Minnesota.
5. During the period of time relevant to this action, Defendant Thomas Fischer was the owner or co-owner of several residential rental properties in Red Wing, Minnesota, including
but not limited to 1411 West Third Street, 243 East Fourth Street, 1209 West Fourth Street, 210
East Fifth Street, 1922 West Fifth Street, 211 West Sixth Street, 517 Ninth Street, 525 Eighteenth
Street, 528 Twentieth Street, 530 Twentieth Street, 666 Twentieth Street, 717 Cleveland Street,
309 Glenwood Street, and 1802 South Park Street ("the subject properties"). Some of these
properties contain more than one rental unit.
6. The rental units at the subject properties are dwellings within the meaning of 42 U.S.C. § 3602(b).
7. Defendant Dawn Fischer ("Dawn Fischer") is the wife of Defendant Thomas Fischer. She is a resident of Minnesota.
8. During the period of time relevant to this action, Defendant Dawn Fischer was the co-owner, with her husband, of several of the subject properties, including but not limited to 1411
West Third Street, 1209 West Fourth Street, 517 Ninth Street, 666 Twentieth Street, 309 Glenwood
Street, and 1802 South Park Street.
9. During the period of time relevant to this action, Defendants Thomas Fischer and Dawn Fischer provided property management at the subject properties. Defendant Thomas Fischer
performed such management in his capacity as owner or co-owner and in his capacity as the agent
of the co-owner, Dawn Fischer.
10. Defendants have violated the Fair Housing Act, 42 U.S.C. §§ 3601, et seq., by discriminating against persons on the basis of sex in connection with the rental of the subject
properties.
11. Defendant Thomas Fischer has engaged in a pattern or practice of discrimination based on sex by subjecting female tenants of the subject properties to discrimination on the basis of
sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has included,
but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; and entering the
apartments of female tenants without permission or notice.
12. Defendant Dawn Fischer is liable for the above-described discriminatory conduct
of her agent and co-owner, Thomas Fischer, which conduct occurred within the scope of his joint
ownership, employment and/or agency.
13. The conduct of Defendants described above constitutes:
- A denial of housing or making housing unavailable because of sex, in
violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. § 3604(a);
- Discrimination in the terms, conditions, or privileges of the rental of
dwellings, or in the provision of services or facilities in connection
therewith, because of sex, in violation of Section 804(b) of the Fair Housing
Act, 42 U.S.C. § 3604(b);
- The making of statements with respect to the rental of dwellings that indicate
a preference, limitation, or discrimination based on sex, in violation of
Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c); and
- Coercion, intimidation, threats, or interference with persons in the exercise
or enjoyment of, or on account of their having exercised or enjoyed, their
rights under Section 804 of the Fair Housing Act, in violation of Section 818
of the Fair Housing Act, 42 U.S.C. § 3617.
14.The conduct of Defendants described above constitutes:
- A pattern or practice of resistance to the full enjoyment of rights granted by
the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.; and
- A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., which denial raises an issue of general public
importance.
15. Female tenants, prospective tenants, and persons associated with them have been injured by Defendants' discriminatory conduct. Such persons are aggrieved persons as defined in
42 U.S.C. § 3602(i), and have suffered damages as a result of Defendants' conduct.
16. Defendants' conduct was intentional, willful, and taken in disregard for the rights of others.
WHEREFORE, the United States prays that the Court enter an ORDER that:
1. Declares that Defendants' discriminatory practices violate the Fair Housing Act, as
amended, 42 U.S.C. §§ 3601 to 3619.;
2. Enjoins Defendants, their agents, employees, and successors, and all other persons
in active concert or participation with them from:
- Discriminating on account of sex against any person in any aspect of the
rental of a dwelling;
- Interfering with or threatening to take any action against any person in the
exercise or enjoyment of rights granted or protected by the Fair Housing
Act, as amended; and
- Failing or refusing to take such affirmative steps as may be necessary to
restore, as nearly as practicable, the victims of Defendants' past unlawful
practices to the position they would have been in but for the discriminatory
conduct;
3. Awards monetary damages to each identifiable victim of Defendants'
discriminatory housing practices for injuries caused by Defendants' discriminatory
conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
4. Assesses civil penalties against 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.
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Dated: 8-12-05
THOMAS B. HEFFELFINGER
United States Attorney
s/Perry Sekus
By: PERRY SEKUS
Assistant United States Attorney
Attorney ID Number 0309412
300 South 4th St.
600 US Courthouse
Minneapolis, MN 55415
Tel.: (612) 664-5600
Fax: (612)664-5787 |
Respectfully submitted,
ALBERTO R. GONZALES
Attorney General
s/Bradley J. Schlozman/Wan Kim
BRADLEY J. SCHLOZMAN
Acting Assistant Attorney General
Civil Rights Division
s/Steven H. Rosenbaum
STEVEN H. ROSENBAUM
Chief
Housing and Civil Enforcement Section
s/Lori K. Wagner
TIMOTHY J. MORAN
Deputy Chief
LORI K. WAGNER
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.- G St.
Washington, DC 20530
Tel.: (202) 305-3107
Fax: (202) 514-1116 |
Document Filed: August 12, 2005
