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1
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OPPOSITION TO PETITION FOR CERTIORARI
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EXTRACTED KEY WORDS
PUNITIVE DAMAGES PETITIONERS APPEALS UNITED STATES APARTMENT FAIR HOUSING ACT COMPENSATORY DAMAGES DOOLEY JURY PUNITIVE DAMAGES AWARD PET PETITION DENYING RENTAL APARTMENTS APP FEDERAL LAW VIOLATION DISCRIMINATION CERTIORARI BLACK PROSPECTIVE APPLICANTS DISTRICT COURT ENTERPRISES OPPOSITION SETH WAXMAN BILL LANN LEE ACTING ASSISTANT ATTORNEY JESSICA DUNSAY SILVER JENNIFER LEVIN BIRACIAL SON |
No. 99-1010
In the Supreme Court of the United States
BIG D ENTERPRISES, INC. AND EDWIN G. DOOLEY,
PETITIONERS
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
BRIEF FOR THE UNITED STATES IN OPPOSITION
SETH P. WAXMAN
Solicitor General
Counsel of Record
BILL LANN LEE
Acting Assistant Attorney
General
JESSICA DUNSAY SILVER
JENNIFER LEVIN
Attorneys
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
QUESTIONS PRESENTED
1. A jury found that petitioners, a multi-millionaire
apartment owner and his wholly-owned management
company, engaged in a pattern or practice of denying
rental apartments to black prospective applicants and
specifically denied an apartment to one victim because
her biracial son would be living with her, in violation of
the Fair Housing Act of 1968, 42 U.S.C. 3601 et seq.
The jury awarded each set of victims $500 in compen-
satory damages and $25,000 in punitive damages
against each defendant. The question presented is
whether the punitive damages award violates due pro-
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2
.
APPELLANT BRIEF
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EXTRACTED KEY WORDS
COURT DOOLEY WILLIAMS APARTMENT DISCRIMINATION DISTRICT RAGAN RENTALS HOUSING OAK MANOR CIR DETERMINATION BASIS PUNITIVE DAMAGES HUD COMPLAINT DEFENDANTS PUNITIVE DAMAGES AWARD REASONABLENESS APPELLANTS IDENTIFIED VICTIMS MIXED MOTIVE INSTRUCTION APPEALS DISCRETION INTENTIONAL DISCRIMINATION TESTIMONY POTENTIAL HARM LIMITATIONS DENYING RENTALS |
No. 98-2861
IN THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BIG D ENTERPRISES, INC.; and DR. EDWIN G. DOOLEY, d/b/a
Oak Manor Apartments,
Defendants-Appellants
_____________________
ON APPEAL FROM THE UNITED STATES DISTRICT
COURT FOR THE WESTERN DISTRICT OF ARKANSAS
________________
BRIEF FOR THE UNITED STATES AS APPELLEE
________________
BILL LANN LEE
Acting Assistant Attorney General
JESSICA DUNSAY SILVER
JENNIFER LEVIN
Attorneys
Department of Justice
P.O. Box 66078
Washington, D.C. 20035-6078
(202) 305-0025
SUMMARY OF CASE AND WAIVER OF ORAL ARGUMENT
Ms. Cynthia Parks (now Ms. Williams) filed a complaint with
the United States Department of Housing and Urban Development (HUD)
against Dr. Edwin G. Dooley and Oak Manor Apartments alleging
discrimination on the basis of race in rental housing. Ms.
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3
.
COURT OF APPEALS DECISION
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EXTRACTED KEY WORDS
DISTRICT COURT PUNITIVE DAMAGE DOOLEY DISCRIMINATION HOUSING BATTS APARTMENT UNITED STATES JURY OAK MANOR FHA APPLICANTS COMPENSATORY DAMAGES EVIDENCE PUNITIVE DAMAGE AWARD CIRCUIT JUDGES GOVERNMENT SUFFICIENT EVIDENCE TESTIMONY APPELLANTS ARGUE HOURLY RATE RICHARD BATTS ENTERPRISES DENIED RENTAL HOUSING HUD APPELLANTS CONTEND DEFENDANT DISCRETION |
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
________________
No. 98-2861
________________
United States of America, **
Appellee, ** Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Big D Enterprises, Inc.; *
Dr. Edwin G. Dooley, **
Appellants. *
________________
Submitted: March 10, 1999
Filed: July 9, 1999
________________
Before RICHARD S. ARNOLD, FLOYD R. GIBSON, and HANSEN, Circuit Judges.
________________
HANSEN, Circuit Judge.
Following a trial in district court,1 a twelve-person jury found that Big D
Enterprises, Inc., and Dr. Edwin G. Dooley (collectively appellants) violated the Fair
Housing Act (FHA) when they denied rental housing to applicants based on race. The
1The Honorable H. Franklin Waters, United States District Judge for the Western
District of Arkansas, presiding.
jury awarded $1,000 in compensatory damages and $100,000 in punitive damages to
three victims of appellants' discrimination. Big D Enterprises and Dr. Dooley appeal.
We affirm.
I.
FACTS
Dr. Dooley owns three apartment complexes in Fort Smith, Arkansas. Dr.
Dooley is also the president, sole officer, and sole shareholder of a corporation known
as Big D Enterprises which manages the three apartment complexes, one of which is
called Oak Manor. In October 1994, Richard Batts and Janet Poole sought to rent a
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