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Judge grants class status

Current and former Hispanic residents of a south Nashville apartment complex have been granted class action certification by Federal District Court Judge Todd Campbell in a case charging the apartment’s management and security companies with mistreating Hispanic tenants.

Campbell issued an order, accompanied by a five-page memorandum, Tuesday afternoon granting class certification to all former, current and future Hispanic residents of Ivy Wood Apartments, located on Patricia Drive in the Murfreesboro Road area. The class will include all non-Caucasian Hispanic individuals who have been residents of the apartment complex since June 28, 2000, the order said.

The order was issued in a case originally filed in federal court by Adolpho Chavez, a former resident of Ivy Wood, who claims his civil rights were violated by security guards employed by the complex in June 2002.

Chavez claims security guard Roman Carnesolta pulled him over as he drove his car into the complex, accused him of driving drunk and speeding and then insulted his national origin and handcuffed him, ordering him to move out of the complex. Chavez, who was eventually released by the security officer, says complaints of the incident to apartment management were referred to the security company, Security Express Protective Services. His suit claims that other residents of the complex have also been harassed by security but have not complained due to fear of retaliation.

Campbell’s order notes that charges of abuse have not been contested in the civil suit.

Ivy Wood was also the subject of an investigation by Metro Police in 1999 following allegations of abuse of Hispanic residents by security guards and off-duty Metro Police officers. While some Metro officers were initially charged with misconduct in that case, the investigation was eventually dismissed and no formal charges were brought.

Attorney Jerry Gonzalez, who represents Chavez, said Wednesday that he was pleased with the order, noting that it felt like vindication for both Chavez’s case and the 1999 misconduct investigation.

“I’m elated by the class certification, and I think it’s about time these residents got their day in court,” Gonzalez said. “Hopefully, we can make some major changes in that apartment complex to improve the living conditions.”

Legal representatives for the security company and apartment management declined to comment on the ruling or the case. The companies, however, have denied any wrongdoing. State Rep. Ben West Jr., who owns Security Express, has also reportedly denied any misconduct on the part of security officers employed by his company.

The complaint in the case was amended late last year to include not only charges of violations of civil and human rights, but also a charge of steering in violation of the federal Fair Housing Act.

The added charge claims that management effectively “steered” Hispanic residents to confined areas of the city and more run-down properties like Ivy Wood through selective advertising, while other, higher-end properties were advertised exclusively to whites and English speakers.

First Management and former Ivy Wood management company Continental Properties have denied the steering charges, noting that Chavez did not move into the apartment complex because of Spanish advertising but rather because his brother lived there.

In his order, Campbell noted that Chavez was affected by the alleged steering even if it did not dictate his reasons for moving into the complex, and said he would allow the steering claim in the class certification.

Gonzalez said he does not have any indication at this point how many individuals might join the suit, though he guessed it could be more than 100.


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