Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Tabor

United States District Court, W.D. Tennessee, Eastern Division

December 15, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JEFFREY H. WYGUL, Defendant. and MICHAEL TABOR, as Bankruptcy Trustee of KAYLA MARR formerly Wallace, Plaintiff-Intervenor,

          EDWARD L. STANTON, III United States Attorney, DAVID BRACKSTONE Assistant U.S. Attorney.

          VANITA GUPTA Principal Deputy Assistant Attorney General Civil Rights Division, Nancy F. Langworthy, SAMEENA SHINA MAJEED Chief MICHAEL S. MAURER Deputy Chief NANCY F. LANGWORTHY Trial Attorney.

          For Defendant Jeffrey H. Wygul: Matthew E. Wright Wright Law, PLC.

          For Plaintiff-Intervenor Katherine T. Trawick West Tennessee Legal Services.

          CONSENT DECREE

          J. DANIEL BREEN CHIEF UNITED STATES DISTRICT JUDGE.

         1. On November 10, 2014, the United States filed this action to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the “Fair Housing Act” or the “FHA”), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619. The United States brought this action on behalf of Kayla L. Marr (formerly, Wallace) and her two minor children, A.M. and L.M. pursuant to Section 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o).

         2. On April 27, 2015, Kayla Marr, on behalf of herself and A.M. and L.M., moved to intervene in this action, and, on April 29, 2015, the Court granted the motion.[1]

         3. On April 7, 2016, Ms. Marr moved to substitute bankruptcy estate trustee, Michael Tabor (“the Trustee or “Plaintiff-Intervenor”), as the Plaintiff-Intervenor in the case, and on August 2, 2016, the Court granted the motion.

         4. The United States and Plaintiff-Intervenor allege in this case that from late January 2011 through early May 2011, when Ms. Marr rented a single-family home at 1076 Atlantic Avenue, Henry, Tennessee (the “subject property”) managed by Defendant Jeffrey H. Wygul (hereinafter, “Defendant Wygul” or “the Defendant”) for herself and A.M. and L.M., Defendant Wygul, on multiple occasions, subjected Ms. Marr to discrimination on the basis of sex, specifically, severe, pervasive and unwelcome sexual harassment, including, but not limited to creating a hostile living environment on the basis of sex; offering tangible housing benefits in exchange for favors of a sexual nature; and serving her with a notice for the family to vacate the home in retaliation for her refusal to consent to the Defendant's sexual demands.

         5. The United States and Plaintiff-Intervenor further allege that by the conduct described above, the Defendant has:

a. Denied or made housing unavailable because of sex in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. § 3604(a);
b. Discriminated in the terms, conditions, or privileges of the rental of a dwelling, or in the provision of services or facilities in connection therewith, because of sex, in violation of 42 U.S.C. § 3604(b);
c. Made statements with respect to the rental of a dwelling that indicate a preference, a limitation, or discrimination based on sex, in violation of 42 U.S.C. § 3604(c); and
d. Coerced, intimidated, threatened or interfered 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.

         6. The parties agree that the Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1345, and 42 U.S.C. § 3612(o).

         7. Defendant Wygul does not admit wrongdoing. Rather, he, Plaintiff United States and Plaintiff-Intervenor have jointly consented to the entry of this Decree to avoid further litigation. Therefore, as indicated by the signatures appearing below, the United States, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.