Consent Order United States v. Collier (W.D. La.)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

CECIL CARROLL COLLIER,

Defendant.

I.

)

)

) Civ. Action No. 3:14-CV-3305-EEF-MLH

)

)

) CONSENT ORDER

)

)

)

INTRODUCTION

I. The United States initiated this action against Cecil Carroll Collier on November

19, 2014, on behalf of Kanta Dhaliwal Davis (hereinafter "Ms. Davis"), pursuant to the Fair

Housing Act, 42 U.S.C. §§ 3612(0) and 3617.

2. Complainant Ms. Davis is an Indian-American resident of the state of Louisiana

who resides at 4911 Camp Joy Road in Haughton, Louisiana.

3. Defendant Collier is a Caucasian resident of the state of Louisiana who resides at

4423 Camp Joy Road in Haughton, Louisiana. Defendant's property abuts Camp Joy Marina,

which is owned by Ms. Davis, but used to be owned by Defendant Collier's brother, Reggie

Collier.

4. The United States alleges in its complaint that Defendant Collier coerced,

intimidated, threatened, or interfered with Ms. Davis's exercise and enjoyment of rights and

protections granted under the Fair Housing Act including, but not limited to, retaliating against

Ms. Davis for participating in the fair housing case against Reggie Collier, and threatening Ms.

Davis with bodily harm, yelling racial epithets at her, and discouraging individuals from visiting

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her business at Camp Joy Marina because of Davis's race or national origin, all in violation of 42

u.s.c. § 3617.

5. Specifically, the United States alleges that Defendant Collier learned that Ms.

Davis had spoken with Department of Justice ("DOJ") attorneys in May and June 2008. The DOJ

'

attorneys were investigating allegations of race-based housing discrimination against Collier's

brother Reggie Collier. Upon learning of Ms. Davis's participation in the DOJ investigation, the

United States alleges that Collier engaged in intimidating and threatening conduct in violation of

the Fair Housing Act by calling Ms. Davis a "snitch bitch," and telling a prospective tenant that

Ms. Davis was showing around that "this snitch is going to testify against my brother"; shouting

racial epithets at her, including repeatedly calling her a "sand nigger," and threatening her and

her business, including telling her that "You are going to die. God hates you. This is white man's

land." He also threatened and insulted Ms. Davis's fiance at the time, Randy Davis, in front of

Ms. Davis, discouraged patrons from entering Camp Joy Marina, and trespassed and behaved

aggressively while on Ms. Davis's property.

6. The United States alleges that Defendant Collier's actions were intentional,

willful, and taken in disregard of Ms .. Davis's federally protected rights, and that Ms. Davis has

suffered injuries as a result of Defendant's retaliatory and discriminatory conduct.

7. On August 18, 2008, Ms. Davis filed a timely Fair Housing Complaint with the

United States Department of Housing and Urban Development ("HUD"), alleging, among other

things, that Defendant Cecil Carroll Collier had threatened and intimidated her in retaliation for

speaking with the DOJ in May and June 2008.

8. Pursuant to 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD conducted and

completed an investigation of the complaint, attempted conciliation without success, and

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prepared a final investigative report. Based upon the information gathered in the investigation,

the Secretary, pursuant to 42 U.S.C. § 3610(g)(l), determined that reasonable cause existed to

believe that illegal discriminatory housing practices had occurred. On September 29, 2014, the

Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging

Defendant Collier with engaging in unlawful retaliation and discrimination in violation of the

Fair Housing Act.

9. On October 20, 2014, Ms. Davis elected to have the claims asserted in the HUD

Charge resolved in a civil action pursuant to 42 U.S.C. § 3612(a). On October 20, 2014, the

Administrative Law Judge issued a Notice of Election to Proceed in United States Federal

District Court and terminated the administrative proceeding on Ms. Davis's complaint.

Following this Notice of Election, the Secretary of HUD authorized the Attorney General to.

commence this civil action pursuant to42 U.S.C. § 3612(0).

10. On November 19, 2014, the United States filed this action to enforce the

provisions of the Fair Housing Act.

11. Defendant Collier denies any such acts of wrongdoing or violations of the law

alleged against him in this action.

12. To avoid costly and protracted litigation, the parties have voluntarily agreed, as

indicated by the signatures below, to resolve the United States' claims against Defendant Cecil

Carroll Collier without the necessity of a hearing on the merits and without admission of any

liability or wrongdoing on the part of Defendant.

13. Defendant Collier represents that he is relocating his residence to Elm Grove,

Louisiana as part of this agreement.

Therefore, it is ADJUDGED, ORDERED and DECREED as follows:

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II. INJUNCTION

14. Defendant Collier, his agents, employees, and all other persons in active concert

or participation with them, are hereby enjoined from coercing, intimidating, threatening, or

interfering with any person in the exercise or enjoyment of, or on account of his having exercised

or enjoyed any right granted or protected by 42 U.S.C. § 3617 of the Fair Housing Act.

15. As part of this injunction, Defendant Collier, his agents, employees, and all other

persons in active concert or participation with them, are specifically enjoined from:

a. Coercing, threatening, or intimidating Ms. Davis on account of her

conversations with the DOJ in May and June 2008;

b. Threatening to harm Ms. Davis and/or her property;

c. Shouting racial epithets at Ms. Davis or Ms. Davis's husband;

d. Discouraging patrons from entering Camp Joy Marina;

e. Trespassing and/or behaving aggressively towards Ms. Davis or others while

on Ms. Davis's property.

f. Otherwise coercing, intimidating, threatening, or interfering with Ms. Davis's

exercise and enjoyment of rights and protections granted under the Fair

Housing Act including, but not limited to, retaliating against Ms. Davis for

participating in the DOJ fair housing case against Reggie Collier.

III. RELIEF FOR MS. DA VIS

16. Defendant shall pay the total sum of ten thousand dollars ($10,000) in monetary

damages to Kanta Dhaliwal Davis. No later than thirty (30) days after the date of entry of this

Consent Order, Defendant shall deliver a check in the amount of five thousand dollars ($5,000)

payable to Kanta Dhaliwal Davis to counsel for the United States. No later than 210 days after

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' (

the date of entry of this Consent Order, Defendant shall deliver a second and final check in the

amount of five thousand dollars ($5,000) payable to Kanta Dhaliwal Davis to counsel for the

United States.

17. As a prerequisite to receiving the final payment, Kanta Dhaliwal Davis shall

execute and deliver to counsel for the United States a release of all Fair Housing Act claims,

legal or equitable, that she may have against Defendant relating to the claims asserted in this

lawsuit. Such release shall take the form of Attachment A. Counsel for the United States shall

deliver the original release form to counsel for Defendant.

IV. JURISDICTION, SCOPE. AND DURATION

18. The parties stipulate, and the Court finds, that this Court has subject matter

jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(0).

19. This Consent Decree is effective immediately upon its entry by the Court and shall

remain in effect for three years from the date of entry.

20. This Court shall retain jurisdiction over this action for all purposes related to the

enforcement of this Order throughout its term, after which the case shall be dismissed with

prejudice.

21. Any time limits for performance imposed by this Order may be extended by

mutual written agreement of the parties.

22. The United States may move the Court to extend the period in which this Order is

in effect if it believes that any Defendant has likely violated one or more terms of this Order or if

the interests of justice otherwise require an extension.

23. The parties to this Order shall endeavor in good faith to resolve informally any

differences regarding interpretation of and compliance with this Order prior to bringing such

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matters to the Court for resolution. However, in the event that Defendant fails to perform in a

timely manner any act required by this Order or act in violation of any provision of this Order,

the United States may move the Court to impose any remedy authorized by law or equity,

including, but not limited to, an order requiring performance or non-performance of certain acts

and an award of damages, costs, and reasonable attorney's fees that may have been occasioned

by Defendant's violation or failure to perform.

V. COSTS OF LITIGATION

24. All parties shall be responsible for their own attorney's fees and costs associated

with this action.

VI. TERMINATION OF LITIGATION HOLD

25. The parties agree that, as of the date of the entry of this Order, litigation is not

"reasonably foreseeable" concerning the matters described in Paragraphs 1-6. To the extent that

either party previously implemented a litigation hold to preserve documents, electronically stored

information, or things related to the matters described in Paragraphs 1-6, the party is no longer

-required to maintain such a litigation hold. Nothing in this Paragraph relieves either party of any

other obligations imposed by this Consent Order.

ITISSOORDE~ ..

This.Ld.-dayo~2015.

For the United States:

Dated:

ELIZAB4H~

UNITE6 ~~ATES DISThICT JUDGE

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STEPHANIEA. FINLEY

United States Attorney

Western District of Louisiana

J~H:. &.NDRENEAU

Assistant United States Attorney

Western District ofLouisiana

300 Fannin Street. Ste. 3201

Shreveport, LA 71101

· Phone: (318) 676-3614

joseph.Jandreneau@usdoj.gov

f-----·----·--·-···---··---- ----··-· - ·--··-···-------··-·-·-·

Respectfully submitted,

VANITA GUPTA

Prineipal Deputy Assistant Attorney General

~R~M Chief

SHINA MAJEED

Deputy Chief

KlNARA A. FLAGG

NY Bar# 5092143

Trial Attorney

Housing and Civil ·Enforcement Section

Civil Rights Division ·

U.S.· Department of Justice

.950 Pennsylvania Avenue NW

Northwestern Building. 7th Floor ·· ·····wasliingt0rt:n:c:·ws3(} ·-·"·-··-····

7

Phone: (202) 353-4141

fax: (202)514-1116

kinara.flagg@usdoj.gov

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For Defendant Cecil Carroll Collier:

Dated:

H. Ly a 1Vren e, Jr.

The Law Offices of H. Lyn Lawrence, Jr.

3985 Airline Drive

.Bossier City LA 711 TJ

(318) 741-9595

lyn@lynlawrence.com

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ATTACHMENT A

Release of Claims

In consideration of the Consent Order entered in United States of America v. Cecil

Carroll Collier, Case No. 3:14-CV-3305 (W.D. La.) and of the payment of the sum of$10,000 to

me pursuant to that Consent Order, I hereby release the Defendant named in this action from any

and all liability for any and all claims under the Fair Housing Act, legal or equitable, I may have

against them arising out of the issues alleged in the action. I hereby acknowledge that I have read

and understand this release and have executed it voluntarily and with full knowledge of its legal

consequences.

Dated:

Signature

Printed Name

Date

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