U.S. Department
of Justice
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
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
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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
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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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