IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
RONALD J. BATHRICK,
| 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.Defendant Ronald J. Bathrick ("Ronald Bathrick") is a resident of Minnesota.
4. During the period of time relevant to this action, Defendant Ronald Bathrick was the owner or co-owner of several residential rental properties in Hastings, Minnesota, including but not limited to, 401 and 403 Vermillion Street (also known as 108 E. 4th Street), 401 West 3rd Street, 800 West 3rd Street, 540 West 6th Street, 507 West 7th Street, 110 East 4th Street, and 406-408 Sibley Street ("the subject properties"). Some of these properties contain more than one rental unit.
5. 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 Defendant Rondald Bathrick resides and/or does business in the District of Minnesota.
6. The rental units at the subject properties are dwellings within the meaning of 42 U.S.C. § 3602(b).
7. During the period of time relevant to this action, Defendant Ronald Bathrick provided property management at the subject properties. Defendant Ronald Bathrick performed such management in his capacity as owner or co-owner.
8. Defendant Ronald Bathrick has 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.
9. Defendant Ronald Bathrick 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; conditioning the terms and conditions of women's tenancy on the granting of sexual favors; entering the apartment of female tenants without permission or notice; and threatening to and then taking adverse action against female tenants when they refused or objected to his sexual advances.
10. The conduct of Defendant Ronald Bathrick 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.
11. The conduct of Defendant Ronald Bathrick 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.
12. Female tenants, prospective tenants, and persons associated with them have been injured by Defendant Ronald Bathrick's discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of Defendant Ronald Bathrick's conduct.
13. Defendant Ronald Bathrick's conduct was malicious, 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:
1. Declares that Defendant Ronald Bathrick's discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 to 3619.;
2. Enjoins Defendant Ronald Bathrick, his agents, employees, and successors, and all other persons in active concert or participation with him 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 Defendant Ronald Bathrick's 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 Defendant Ronald Bathrick's discriminatory housing practices for injuries caused by Defendant Ronald Bathrick's discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
4. Assesses civil penalties against Defendant Ronald Bathrick 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.
| Respectfully submitted,|
ALBERTO R. GONZALES
| __________________________ |
WAN J. KIM
Assistant Attorney General
Civil Rights Division
STEVEN H. ROSENBAUM
Housing and Civil Enforcement Section
TIMOTHY J. MORAN
REBECCA B. BOND
RYAN G. LEE
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) 305-2952
Fax: (202) 514-1116
Document Filed: December 19, 2005 > >