United States District Court, W.D. Tennessee, Eastern Division
L. STANTON, III United States Attorney, DAVID BRACKSTONE
Assistant U.S. Attorney.
GUPTA Principal Deputy Assistant Attorney General Civil
Rights Division, Nancy F. Langworthy, SAMEENA SHINA MAJEED
Chief MICHAEL S. MAURER Deputy Chief NANCY F. LANGWORTHY
Defendant Jeffrey H. Wygul: Matthew E. Wright Wright Law,
Plaintiff-Intervenor Katherine T. Trawick West Tennessee
DANIEL BREEN CHIEF UNITED STATES DISTRICT JUDGE.
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.
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.
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.
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.
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.
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).
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, ...