Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 1 of 13

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA

VICTORIA SUTTON,
Case No.
Plaintiff,
vs.
PATRICIA MCCOY AND ALLEN
MCCOY,

COMPLAINT AND DEMAND FOR
JURY TRIAL

Defendants.
Plaintiff Victoria Sutton, by and through her undersigned attorneys, alleges
as follows:
I.

NATURE OF ACTION
1.

In open defiance of federal and state fair housing and civil rights laws,

Defendants Patricia and Allen McCoy evicted Plaintiff Victoria Sutton, a tenant in
one of Defendants’ rental properties, for one reason: Ms. Sutton had invited an
African-American family to her home.
2.

Using a series of threats and racial epithets, several of which were

audio-recorded by Ms. Sutton, Defendants made their race-based decision to evict
Ms. Sutton very clear. Additionally, Defendants threatened to call the police and
Child Protective Services, and to harm Ms. Sutton physically, if she attempted to

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 2 of 13

contest the eviction. For the safety of her family, including her child with special
needs, Ms. Sutton moved out of the home.
3.

Plaintiff Victoria Sutton seeks declaratory relief and damages to

redress Defendants’ unlawful housing discrimination based on race in violation of
the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982, the Fair Housing Act of
1968, as amended, 42 U.S.C. §§ 3601, et seq., and the Georgia Fair Housing Act,
GA. CODE ANN. § 8-3-200 et seq. Ms. Sutton also asserts causes of action for
breach of contract.
II.

JURISDICTION AND VENUE
4.

This Court has subject matter jurisdiction over Plaintiff’s federal Civil

Rights Act and Fair Housing Act claims pursuant to 28 U.S.C. § 1331 and 42
U.S.C. § 3613. This Court has supplemental jurisdiction over Plaintiff’s Georgia
state law claims pursuant to 28 U.S.C. § 1367.
5.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and

(c) because Defendants are located in and conduct business in this District, the
events or omissions giving rise to the claims herein occurred in this District, and
the properties at issue are situated in this District.

2

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 3 of 13

III.

PARTIES

Plaintiff
6.

Plaintiff Victoria Sutton is a white female who resided at 226 Hensley

Road, Adairsville, Bartow County, Georgia from around August 2017 until around
December 2018. Ms. Sutton is now a resident of Calhoun, Gordon County,
Georgia.
Defendants
7.

Defendants Patricia McCoy and Allen McCoy reside in Gordon

County, Georgia, and own multiple rental properties in the area, including the
house located at 226 Hensley Road, Adairsville, Bartow County, Georgia, which
they rented to Plaintiff Victoria Sutton from around August 2017 until around
December 2018.
IV.

FACTS
8.

Around August 2017, Plaintiff Victoria Sutton, a white woman,

moved into a house located at 226 Hensley Road, Adairsville, Georgia (“the
home”), owned by Defendants Patricia and Allen McCoy. Ms. Sutton agreed with
the McCoys that Ms. Sutton would pay a security deposit of $500 and rent the
home on a month-to-month basis for $475 per month.

3

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 4 of 13

9.

Ms. Sutton paid the security deposit when she moved into the home

and paid her monthly rent on time each month she rented the home.
10.

Ms. Sutton lived in this home with her two-year-old daughter, her

nine-year-old daughter, the father of her two-year-old daughter, and a nineteenyear-old niece.
11.

In September 2018, Ms. Sutton started inviting an African-American

co-worker, who lives in the area and has a five-year-old son, over to her home for
play dates with Ms. Sutton’s daughters.
12.

On or around September 30, 2018, Ms. Sutton’s co-worker was

leaving Ms. Sutton’s home and hugged Ms. Sutton goodbye after one of these play
dates. Later the same day, Defendant Allen McCoy knocked on Ms. Sutton’s door.
13.

When Ms. Sutton opened the door, Mr. McCoy immediately accused

Ms. Sutton of being a “nigger lover,” told Ms. Sutton she should be ashamed of
herself, and said that he would call Child Protective Services for having a “nigger
on their property.”
14.

Mr. McCoy then told Ms. Sutton she had two weeks to move out. Mr.

McCoy also relayed that he had previously rented the home to a different woman,
and when that woman attempted to allow an African-American man to move in, he
evicted her from the home.
4

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 5 of 13

15.

Ms. Sutton pleaded with Mr. McCoy to allow her and her family to

stay in the home, saying she had nowhere else to go. Mr. McCoy responded that
she should have thought of that before she “brought that nigger around,” and that
her only hope of staying on the property was to talk to his wife, Defendant Patricia
McCoy. Mr. McCoy ended the conversation saying he would call the police and
“have that nigger arrested if he comes on my property again.”
16.

Later that day, Ms. Sutton called the McCoys on the telephone. Ms.

Sutton recorded this telephone conversation.
17.

Mr. McCoy answered the telephone and handed the phone to Ms.

McCoy. Ms. Sutton initiated the conversation by saying, “Your husband came
over and there seems to be some kind of problem.” In response, Ms. McCoy
stated, “There is … I don’t put up with niggers in my [house] and I don’t want
them in my property.”
18.

Ms. Sutton responded that she had the right to bring guests onto the

property because she was renting the home from Ms. McCoy. Ms. McCoy
responded, “I don’t care … You just go ahead and get your ass out … You ain’t
got no rights on the property.”
19.

Ms. McCoy told Ms. Sutton that she would double the rent, then

stated that she would give Ms. Sutton an eviction notice. Ms. Sutton responded
5

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 6 of 13

that she had always paid her rent on time and had not “done anything to deserve
this.” Ms. McCoy responded, “Maybe you like black dogs, but I don’t. So just get
your stuff and get out.”
20.

When Ms. Sutton stated that she would not leave and repeated that she

had rights on the property, Ms. McCoy threatened to “press charges” and called
Ms. Sutton a “smart ass bitch.”
21.

Ms. Sutton then stated that she “will appear in front of a judge and I

will tell them exactly what’s going on,” to which Ms. McCoy responded, “No you
won’t, you won’t be able to because I’ll stomp the shit out you before the day is
out.”
22.

Ms. McCoy then repeated, “I don’t allow niggers in my property and

everybody knows that … Get out as quick as you can.”
23.

On or around the next day, October 1, 2018, at around 1:00pm, Ms.

Sutton was served an eviction notice stating that Ms. Sutton had to appear in
eviction court on October 4.
24.

At the eviction hearing on October 4, attended by Ms. Sutton and Ms.

McCoy, Ms. McCoy claimed there was destruction to the property. Ms. Sutton,
however, provided pictures of the property, showing no damage. The eviction
court judge then told Ms. McCoy that she could not evict Ms. Sutton until she
6

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 7 of 13

provided Ms. Sutton a written letter of intent, which would start the 60-day period
for Ms. Sutton to evict the premises.
25.

On or around October 16, 2018, Mr. or Ms. McCoy left a hand-written

letter of intent on Ms. Sutton’s doorstep, telling Ms. Sutton she had 60 days to
evict the premises.
26.

Ms. Sutton and her family moved out of the home in December 2018

and are currently residing in Calhoun, Georgia.
27.

Before the end of the 60-day eviction period, while Ms. Sutton was

still moving her belongings into her new home, the McCoys went into the home at
226 Hensley Road while Ms. Sutton and her family were not present and, without
notice, removed and discarded all the property still within the home. This property
included valuable belongings, such as family memorabilia and Ms. Sutton’s
children’s toys.
28.

As a result of the McCoys’ discriminatory conduct, Ms. Sutton

experienced extreme emotional distress. Ms. Sutton was constantly concerned for
her and her family’s personal safety while they were in the process of vacating the
home. Ms. Sutton had difficulty finding alternate suitable housing, and the
prospect of having to move out of Adairsville, losing her job and breaking up her
family in the process, added significantly to Ms. Sutton’s distress.
7

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 8 of 13

29.

Ms. Sutton’s nine-year-old daughter has suffered severe, possibly

irreparable harm. This child has learning disabilities and requires special
educational services. She received those services in the school in which she was
enrolled while living at the home at 226 Hensley Road. But after being evicted
from the home and forced to move outside of the school district where the home
was located, Ms. Sutton’s daughter had to switch schools, and had difficulty
receiving the specialized educational services she received at her prior school.

V.

CAUSES OF ACTION
FIRST CAUSE OF ACTION
Civil Rights Act, 42 U.S.C. § 1981
30.

Plaintiff repeats and realleges the allegations in the paragraphs above

as if fully set forth herein.
31.

As described above, Defendants’ discriminatory actions based on race

violated Plaintiff’s rights to make and enforce contracts on an equal basis
regardless of race under 42 U.S.C. § 1981.
SECOND CAUSE OF ACTION
Civil Rights Act, 42 U.S.C. § 1982
32.

Plaintiff repeats and realleges the allegations in the paragraphs above

as if fully set forth herein.

8

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 9 of 13

33.

As described above, Defendants’ discriminatory actions based on race

violated Plaintiff’s rights to lease and use real property on an equal basis regardless
of race under 42 U.S.C. § 1982.
THIRD CAUSE OF ACTION
Fair Housing Act, 42 U.S.C. §§ 3604, 3617
34.

Plaintiff repeats and realleges the allegations in the paragraphs above

as if fully set forth herein.
35.

As described above, Defendants violated 42 U.S.C. § 3604(a), which

makes it unlawful to refuse to rent a dwelling or otherwise make a dwelling
unavailable to any person because of race or color.
36.

As described above, Defendants violated 42 U.S.C. § 3604(b), which

makes it unlawful to discriminate against any person in the terms, conditions, or
privileges of the rental of a dwelling, or in the provisions of services and facilities
in connection therewith, because of race or color.
37.

As described above, Defendants violated 42 U.S.C. § 3604(c), which

makes it, inter alia, unlawful to make or cause to be made any statement relating to
the rental of a dwelling that indicates any preference or limitation based on race or
color.
38.

As described above, Defendants violated 42 U.S.C. § 3617, which

makes it unlawful to coerce, intimidate, threaten, or interfere with any person in
9

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 10 of 13

the exercise or enjoyment of their Fair Housing Act rights, or on account of having
exercised or enjoyed, or aided or encouraged others in exercising or enjoying any
right secured by the Fair Housing Act.
FOURTH CAUSE OF ACTION
Georgia Fair Housing Act, Ga. Code Ann., §§ 8-3-202, 8-3-222
39.

Plaintiff repeats and realleges the allegations in the paragraphs above

as if fully set forth herein.
40.

As described above, Defendants violated Ga. Code Ann. § 8-3-

202(a)(1), which makes it unlawful to refuse to rent a dwelling or otherwise make
a dwelling unavailable to any person because of race or color.
41.

As described above, Defendants violated Ga. Code Ann. § 8-3-

202(a)(2), which makes it unlawful to discriminate against any person in the terms,
conditions, or privileges of the rental of a dwelling, or in the provisions of services
and facilities in connection therewith, because of race or color.
42.

As described above, Defendants violated Ga. Code Ann. § 8-3-

202(a)(3), which makes it, inter alia, unlawful to make or cause to be made any
statement relating to the rental of a dwelling that indicates any preference or
limitation based on race or color.
43.

As described above, Defendants violated Ga. Code Ann. § 8-3-222,

which makes it unlawful to coerce, intimidate, threaten, or interfere with any
10

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 11 of 13

person in the exercise or enjoyment of their Georgia Fair Housing Act rights, or on
account of having exercised or enjoyed, or aided or encouraged others in
exercising or enjoying, any right secured by the Georgia Fair Housing Act.
FIFTH CAUSE OF ACTION
Breach of Contract and
Breach of the Duty of Good Faith and Fair Dealing Implied in Every Contract
44.

Plaintiff repeats and realleges the allegations in the paragraphs above

as if fully set forth herein.
45.

Plaintiff entered into a contractual agreement with Defendants when

Defendants offered to rent the home located at 226 Hensley Road, Adairsville,
Georgia to Plaintiff on a month-to-month basis in exchange for a $500 rental
security deposit and a monthly rental payment of $475 per month. Plaintiff
accepted this offer by paying the security deposit and making the monthly rental
payments every month from around August 2017 until around December 2018.
46.

Defendants breached the contractual agreement and their duty of good

faith and fair dealing by unlawfully evicting Plaintiff for racially discriminatory
purposes.
47.

Plaintiff has been harmed by Defendants’ breach of the contractual

rental agreement and breach of the duty of good faith and fair dealing and is
entitled to damages caused by these breaches.
11

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 12 of 13

VI.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment against Defendants

as follows:
48.

Declaring Defendants’ discriminatory practices violate the Civil

Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982, the Fair Housing Act of 1968, as
amended, 42 U.S.C. §§ 3601, et seq., and the Georgia Fair Housing Act, Ga. Code
Ann. § 8-3-200 et seq;
49.

Awarding such damages to Plaintiff as will fully compensate for the

diversion of resources and frustration of mission caused by Defendants’ unlawful
practices;
50.

Awarding compensatory damages, including damages for emotional

distress, to Plaintiff;
51.

Awarding punitive damages to Plaintiff;

52.

Awarding Plaintiff reasonable attorneys’ fees, costs, and expenses

incurred in prosecuting this action; and
53.

Granting Plaintiff such other further relief as may be just and proper.

VII. JURY DEMAND
54.

Plaintiff hereby demands a trial on the merits by jury pursuant to

Federal Rule of Civil Procedure 38.

12

 Case 4:19-mi-99999-UNA Document 72 Filed 07/10/19 Page 13 of 13

Dated:

July 10, 2019

Sean Young
Sean J. Young
Kosha Tucker
American Civil Liberties Union of
Georgia Foundation, Inc.
PO Box 77208
Atlanta, GA 30357
(678) 981-5295

Kalpana Kotagal
Kalpana Kotagal
Brian Corman
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave. NW ● Fifth
Floor Washington, DC 20005
(202) 408-4600
kkotagal@cohenmilstein.com
bcorman@cohenmilstein.com

syoung@acluga.org
ktucker@acluga.org

Attorneys for Plaintiff
Pro hac vice motion pending

Attorneys for Plaintiff

13