Quigley v. Winter

598 F.3d 938 (8th Cir. 2010)

Facts

D owned more than twenty rental homes, and many of his tenants were low-income women who received Section 8 housing vouchers. In 2000, P, along with her then-husband and her four children, rented a home from D. P used a housing voucher to pay her rent. In 2002, P informed D she was eligible to move into a larger home. D drove P in his car to one of D's other properties.  When returning in the car, D rubbed his hand down P's arm and said, 'Well, how do you like it?' P, her boyfriend, and her children moved into a different rental property owned by D, using a housing voucher to pay the rent. P's boyfriend moved to Louisiana to visit his ill father. D behaved inappropriately toward P on several other occasions. First, D had been inside the house without prior notice when P was not at home. P noticed her clothing was moved. D claimed he had to replace the screen on P's bedroom window. P's screen was not damaged and had not been replaced. D came to inspect while P was making dinner for her children. D stood very close to P and rubbed his genital area. D made an unannounced inspection at 9:30 or 10:00 in the evening P's fourteen-year-old sister was staying the night with her, and they were in their pajamas getting ready for bed. D followed P and her sister into a bedroom and then a bathroom, which made them feel uncomfortable. P and her sister were watching television, and D lay down on P's sectional couch after he completed the inspection. P had to tell D to leave 'at least three times' before he left. P also reported receiving phone calls from D at inappropriate times, sometimes as late as 2:30 or 3:00 in the morning. P met with her SCHA worker and reported D's inappropriate actions. P could not change the locks unless she gave D a key. P could get out of the lease without losing her housing voucher if D agreed to rescind the lease. D refused. P changed the locks on her door without giving D a key. D again showed up at the house when P was outside sunning. D asked questions about P’s sister’s maturity and then traced a scar on P’s friend’s back pulling the friend’s pants downward to see where it ended. P moved out, and D did not return her deposit. P filed a complaint with SCHRC, and the investigator verified the issue with other single women who received housing assistance as well.  P sued D in the district court, alleging sexual harassment; sex discrimination; and coercion, intimidation, threats, and interference with P's rights, in violation of the FHA and the ICRA. P also asserted a breach of contract claim against for failure to return the deposit. D brought a breach of contract counterclaim against P, insisting P owed him unpaid rent and failed to leave the rental home 'in a clean and satisfactory condition.' The jury awarded P $13,685.00 in compensatory damages for the housing claims, $400.00 for Quigley's breach of contract claim, and $250,000.00 in punitive damages. D got nothing. The district court reduced the award of punitive damages to $20,527.50 and awarded P $20,000.00 in attorney fees and $1,587.88 in costs. Both parties appealed.