Shaw v. Cassar

• Decision Date: 07 January 1983
• Docket Number: Civ. No. 81-73769.
• Parties: Donald SHAW and Donna Moore Shaw, his wife, Plaintiffs, v. Victor L. CASSAR, Victor L. Cassar Management Company, Assunta Cassar, Victor P. Cassar, David Cassar, Albert L. Cassar, Daniel V. Cassar, Virginia M. Cassar and Frank J. Cassar, Defendants.
• Court: U.S. District Court — Western District of Michigan

558 F. Supp. 303

Donald SHAW and Donna Moore Shaw, his wife, Plaintiffs, v. Victor L. CASSAR, Victor L. Cassar Management Company, Assunta Cassar, Victor P. Cassar, David Cassar, Albert L. Cassar, Daniel V. Cassar, Virginia M. Cassar and Frank J. Cassar, Defendants.

Civ. No. 81-73769.

United States District Court, E.D. Michigan, S.D.

January 7, 1983.

COPYRIGHT MATERIAL OMITTED

David K. Wenger, Detroit, Mich., for plaintiffs.

Terrence K. Jolly, Bloomfield Hills, Mich., for defendants.

OPINION

COHN, District Judge.

I. INTRODUCTION

A.

This is a housing discrimination case brought under 42 U.S.C. § 1981 (the Civil Rights Act of 1870), 42 U.S.C. § 1982 (the Civil Rights Act of 1866), 42 U.S.C. § 3601 et seq. (Title VIII of the Civil Rights Act of 1968, "Title VIII"), M.C.L.A. § 37.2101 et seq. (the Michigan Elliot-Larsen Civil Rights Act) and M.C.L.A. § 600.2918(2) (the Michigan anti-lockout law).¹

Plaintiffs Donald Shaw (Shaw), a Detroit police officer, and Donna Moore Shaw (Moore), an office worker, are husband and wife. They were engaged to be married at the time of the events in question; they are each black.

The individual defendants are white; they own and operate a 39 unit apartment building at 660 Whitmore Road in Detroit's Palmer Park area under the name Victor L. Cassar Management Company.² The building is well kept and located in a highly desirable residential neighborhood. Defendants Victor Cassar and Frank Cassar actively participated in the events in question.

Shaw and Moore charge in their complaint that they rented an apartment on April 14, 1981 from defendants and were effectively evicted from it on April 16, 1981 when, in part because they are black, Frank Cassar changed the lock on their apartment at Victor Cassar's direction.

Defendants deny that the change in the lock on the apartment was motivated by any racial animus; rather they say it was simply an overreaction to the fact that Moore's check for the security deposit was improperly made out and that Shaw's check for the first month's rent was written without sufficient funds in his bank account to cover it. Defendants do not seriously dispute the claim that they violated the anti-lockout law. Also, defendants do not dispute their joint liability for the actions of Victor Cassar and Frank Cassar.

B.

For the reasons hereafter stated, which constitute the findings of fact and conclusions of law required by Fed.R.Civ.P. 52(a), I find that the charges of racial discrimination and of violation of the anti-lockout law are well taken. I find that Shaw was damaged in the amount of $10,000 and that Moore was damaged in the amount of $10,000. I also find that an award of punitive damages in the amount of $5,000 to Shaw and an award of punitive damages in the amount of $5,000 to Moore is appropriate.

II. TRIAL

The case was tried to the bench over seven days in October 1982. Liability and damages were tried separately, Fed.R. Civ.P. 42(b). Shaw and Moore each testified as to liability and damages. Also testifying in plaintiffs' case on liability were Mary Alvarez (Alvarez) and Clifford Schrupp, director of the Fair Housing Center, a non-profit organization which has as its corporate purpose promotion of equal opportunity in housing. Moore's brother, a co-worker of Shaw, and a co-worker of Moore each testified in plaintiffs' case on damages. Plaintiffs introduced into evidence as exhibits checks, the rental application, a card posted on the apartment door on April 16, test reports from the files of the Fair Housing Center, and a Detroit Edison Company bill.

Victor Cassar was the only witness who testified for defendants. Frank Cassar, while listed by both parties as a witness, was not called. Defendants introduced into evidence bank statements of Shaw and Moore for February, March and April of 1981.

III. FINDINGS

A.

The findings which follow are based on my assessment of the credibility of the witnesses and the weight I have given the testimony and exhibits. In assessing the credibility of the witnesses I looked for corroboration and their motive for testifying. I have drawn certain inferences from admissions and proven facts as will subsequently be discussed. I have also considered the parties' briefs and oral arguments.

B.

I find:

1. Sometime prior to April 7, 1981 Shaw and Moore were engaged to be married and began looking for an apartment. Shaw was particularly attracted to 660 Whitmore because it was a well kept building close to his place of work (the Palmer Park police station) and located in one of Detroit's better neighborhoods. Periodically Shaw would stop by the building and inquire of Alvarez as to the availability of an apartment. About a month before April 7 in the course of his work he met Frank Cassar at another apartment building in the Palmer Park area owned by defendants and asked him about the possibility of renting an apartment at 660 Whitmore; Frank Cassar gave him a favorable response. Frank Cassar told Victor Cassar of his conversation with Shaw. Victor Cassar knew Shaw was black.

2. Alvarez reacted favorably to Shaw's inquiries; she liked the idea of a police officer living at 660 Whitmore. On April 7, Shaw and Moore made out a rental application for apartment 302 (P×1), which had recently become vacant because of the death of its occupant. Moore, at Alvarez's request, gave Alvarez a check as a security deposit (P×2), for which she received a receipt (P×3) in the amount of $385 which was the monthly rental. There was a discrepancy on the check between the numerical amount, "$385" and the written amount, "three hundred ___ 85/100". Alvarez did not notice the discrepancy.

3. Alvarez had no authority to approve new tenants; that was the responsibility of Victor Cassar and Frank Cassar. On April 7 or April 8 Alvarez gave the security deposit check and rental application to Victor Cassar who, remembering Frank Cassar's mention of Shaw, simply put the rental application and check in his pocket. A day or so later he told Frank Cassar of the rental application. Frank Cassar said to go ahead and rent Shaw and Moore the apartment. Victor Cassar told Alvarez that Shaw and Moore were approved as tenants but that their rent should begin April 15 rather than May 1 as they requested.

4. On April 10 Alvarez told Moore the rental application had been approved but the rent must begin April 15 rather than May 1. On April 14 Shaw and Moore went to 660 Whitmore. Shaw gave Alvarez a check (P×5) dated April 15, 1981, in the amount of $385 for the first month's rent for which he received a receipt (P×6) dated April 14. Alvarez gave Shaw and Moore four sets of keys, i.e., to the front door of the building, mailbox, apartment # 302 and the garage. Shaw and Moore immediately began getting the apartment ready for occupancy. That evening and the next day Shaw and Moore worked in the apartment. They brought over cleaning supplies and some miscellaneous items. Shaw's two children visited the apartment. Moore's brother spent several hours there on April 15. On April 15 Shaw went to the Detroit Edison Company and had the electric bill changed to his name as suggested by Alvarez.

5. Between April 7 and April 14 Shaw showed the apartment to two of his fellow police officers. Shaw and Moore told their friends and co-workers that they had a new apartment at 660 Whitmore. It was an important event in their lives; they were quite proud of the fact that they would be living in the Palmer Park area. Moore told the landlord of the apartment building in which she lived she would be moving around May 1.

6. On April 15, as was his practice, Victor Cassar gave Virginia Cassar, who handled the books for defendants, the rental application and security deposit check. Virginia also received the first month's rent check which Shaw had given Alvarez on April 14. Virginia Cassar's office was in Farmington Hills. Virginia Cassar has no personal recollection of any of the facts of the case.

7. On April 16 Shaw went to the apartment to get it ready. When he put his key in the door it would not work. He was surprised; he saw on the door a note (Px7) reading:

"Dear Sir Please Contact Mr. Cassar — 861-5010 — Please Do Not Disturb the Manager About this matter I Didn't Inform her About what's going on. V. Cassar"³

8. Shaw went back to Moore's apartment, which was across the street, and told her about the lock problem. She could not believe it. She went across the street to the apartment to make sure Shaw had not made a mistake. She too found their key would not work. She returned to her apartment where Shaw was waiting for her.

9. Shaw and Moore were confused and distressed; they immediately tried to call Victor Cassar at the number on the note. There was no answer. Shaw eventually reached Victor Cassar at 5:30 a.m. on April 17 at a number he found in the telephone book. Victor Cassar told him of the discrepancy in the security deposit check and that the bank said there were no funds to cover the check he had given Alvarez for the first month's rent. Shaw told Victor Cassar that there must be some mistake because there was money in the bank to cover his check. He asked Victor Cassar to go to the bank with him that morning so he could demonstrate that the bank made an error. Victor Cassar declined; he told Shaw that Frank Cassar was handling the matter, that Shaw should talk to Frank Cassar, and that Frank Cassar would get back to Shaw. Shaw also testified that Victor Cassar told him that he had no business getting the apartment and that Alvarez was not supposed to give it to them; Victor Cassar denied saying this. It is probable Victor Cassar said something like this.

10. Frank Cassar called Shaw about 11:00 a.m. and told him that Victor Cassar made the decisions, that he would talk to Victor Cassar and that he would call Shaw back.

11. Neither Victor Cassar nor Frank Cassar thereafter called Shaw back. It is not clear who actually made the...