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Thomas E. Perez Assistant Attorney General Steven H. Rosenbaum (NY Bar #1901958) Jonathan M. Smith (DC Bar #396578) R. Tamar Hagler (CA Bar #189441) Christy E. Lopez (DC Bar #473612) Eric W. Treene (NY Bar #2568343) Lori K. Wagner (VA Bar #39446) Sean R. Keveney (TX Bar #24033862) Jessica C. Crockett (NY Bar #4694972) Anika Gzifa (DC Bar #495394) Matthew J. Donnelly (Ill Bar #6281308) United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Northwestern Building, 7th Floor Washington, D.C. 20530 Facsimile: (202) 514-1116 E-mail: lori.wagner@usdoj.gov Phone: (202) 305-3107 Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Town of Colorado City, Arizona; City of Hildale, Utah; Twin City Power; and Twin City Water Authority, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Civil No. COMPLAINT

INTRODUCTION 1. This action is brought to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq; Title III of the Civil Rights Act of 1964, 42 U.S.C. 2000b; and pursuant to 42 U.S.C. 14141.

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2. The Town of Colorado City, Arizona (Colorado City), and the City of Hildale, Utah (Hildale) (collectively, Cities), and two utility agencies under the Cities control (collectively, Defendants) have engaged in and continue to engage in a pattern or practice of conduct that deprives persons of rights, privileges, or immunities secured or protected by the First, Fourth, and Fourteenth Amendments to the United States Constitution and the laws of the United States. JURISDICTION AND VENUE 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1345 and 42 U.S.C. 3614. Venue is proper under 28 U.S.C. 1391(b) as a substantial part of the events or omissions giving rise to the claim occurred in the District of Arizona. NATURE OF ACTION 4. Defendants have engaged in a pattern or practice of illegal discrimination against individuals who are not members of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS). The Cities public officials, the Colorado City/Hildale Marshals Office (the Marshals Office), and utility entities have acted in concert with FLDS leadership to deny non-FLDS individuals housing, police protection, and access to public space and services. Furthermore, the Defendants have denied non1 2 1

The Marshals Office is a subdivision of the municipal governments of both Defendant Colorado City and Defendant Hildale.

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Throughout this Complaint, the term non-FLDS includes: 1. individuals who were never members of the FLDS; 2. individuals who were members of the FLDS but left the Church; and 3. individuals who were told that they lost priesthood, were told to repent from a distance, or were otherwise excommunicated by Warren Jeffs and/or his followers.

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FLDS members access to housing in the Cities, and they have coerced, intimidated, threatened, and interfered with the housing rights of non-FLDS members. The Marshals Office has inappropriately used its state-granted law enforcement authority to enforce the edicts of the FLDS, to the detriment of non-FLDS members. In addition, the Cities officials have misdirected and misused public resources in the service of the FLDS. 5. For at least 20 years, the Cities have operated as an arm of the FLDS, in violation of the Establishment Clause of the First Amendment of the United States Constitution. The Cities governments, including the Marshals Office, have been deployed to carry out the will and dictates of FLDS leaders, particularly Warren Jeffs and the officials to whom he delegates authority. For decades, officials of the Cities have, by operating at the direction and for the benefit of the FLDS, abdicated their official duties to protect the rights of all citizens equally and to administer governmental functions consistently with the Establishment Clause of the United States Constitution. DEFENDANTS 6. Defendant Colorado City is a local unit of government organized under the laws of the State of Arizona. 7. Defendant Hildale is a local unit of government organized under the laws of the State of Utah.
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On August 4, 2011, Jeffs was convicted of two counts of child sexual assault against a twelve year-old girl and a fifteen year-old girl in San Angelo, Texas. He is now serving a life plus twenty-year prison sentence. Jeffs remains the head of the FLDS while in prison.

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8. Defendant Twin City Water Authority, Inc. (TCWA) is a non-profit corporation organized under the laws of the State of Utah. It is responsible for the provision of water services in Colorado City and Hildale. It operates under the actual or apparent authority of Defendant Colorado City and Defendant Hildale. 9. Defendant Twin City Power is or was an intergovernmental entity of Defendant Colorado City and Defendant Hildale. At all times relevant to this action until July 2009, it was responsible for the provision of electric power in Colorado City and Hildale. It operated under the actual or apparent authority of Defendant Colorado City and Defendant Hildale. FACTUAL BACKGROUND 10. The adjoining communities of Colorado City and Hildale are populated primarily by members of the FLDS who are followers of the self-proclaimed prophet Warren Jeffs. Non-FLDS residents also live in the Cities, but they are a distinct minority. 11. Members of the FLDS traditionally contribute a significant portion of their money, property, and time to a trust called the United Effort Plan Trust (UEP Trust or Trust). The UEP Trust is a registered charitable trust in the State of Utah. Until 2005, the Trust was controlled by the FLDS Church. 12. Much of the land, and many of the improvements thereto, in Colorado City and Hildale, including most of the Cities residences, belong to the UEP Trust. Residents who live in Trust-owned homes typically have signed occupancy agreements with the Trust. 13. In 2005, a Utah court determined that the UEP Trustees had violated their legal duties in administering the Trust, including duties relating to former members of the FLDS

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Church who are beneficiaries of the Trust. The court appointed Bruce Wisan, who is not affiliated with the FLDS Church, as Special Fiduciary of the UEP Trust (Special Fiduciary) to administer the Trusts assets and operations. 14. In 2006, the court reformed the UEP Trust. Bruce Wisan continues to serve as the court-appointed Special Fiduciary. The stated purpose of the Trust is providing for the just wants and needs of the beneficiaries which purpose is beneficial to the community. ALLEGATIONS 15. Defendants have allowed the FLDS Church or its agents to direct or unlawfully influence their actions regarding policing services, housing, and access to public facilities, in violation of the First, Fourth and Fourteenth Amendments, the Fair Housing Act, and Title III of the Civil Rights Act of 1964. Unconstitutional Policing 16. The Marshals Office has failed to provide policing services to non-FLDS individuals on the basis of religion. The Marshals Office fails to protect non-FLDS individuals from victimization by FLDS members, fails to investigate crimes against non-FLDS individuals and their property, and refuses to arrest FLDS individuals who have committed crimes against non-FLDS individuals. These crimes and actions include destroying crops on a non-FLDS-operated farm, vandalizing property in the control of the UEP Trust, returning at least one underage bride to a home from which she had fled, and trespassing on property occupied by non-FLDS individuals. 17. The Marshals Office selectively enforces laws and regulations against non-FLDS individuals on the basis of religion. Instances of selective enforcement include

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arresting non-FLDS individuals for trespass but not arresting similarly situated FLDS individuals, and citing non-FLDS individuals for traffic violations but not citing FLDS individuals for similar infractions. 18. Non-FLDS individuals experience the hardship and mental and physical stress resulting from the knowledge that the Marshals Office will not come to their aid in time of need. For example, in January 2012, a woman who was, in effect, excommunicated by the FLDS, fled her home in the Cities with her six young daughters after learning that FLDS leaders demanded that she sever all contact with five of her six children. This woman believed, based on its policies and previous actions, that the Marshals Office would not come to her assistance to protect her parental rights if she complained about the FLDS edict separating mothers from their children. She decided, as many other non-FLDS members have done, to flee with her children under cover of darkness to safety outside of the Cities. The failure and refusal of the Marshals Office to protect all citizens without regard to religion has given rise to an underground railroad, composed of non-FLDS members who provide safe havens and a means of egress for individuals abandoned by law enforcement. 19. The Marshals Office effectively serves as the enforcement arm of the FLDS Church. Since at least 1990, the Marshals Office has assisted the FLDS Church in its surveillance and investigation of non-FLDS members because of religion. This activity includes providing training and resources to FLDS members to aid their surveillance of non-FLDS members. The Marshals Office provides law-enforcement information, including but not limited to, information about emergency calls to the Marshals Office for assistance, directly to FLDS security personnel. In addition, the

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Cities obtain information from FLDS Church security-service members about vehicles traveling in the Cities, run license-plate checks to determine whether such vehicles are owned and/or operated by non-FLDS members in the Cities, and convey the results of the license-plate checks to the FLDS Church. 20. The Marshals Office has conducted traffic stops on multiple occasions in response to FLDS church members requests that they find out the identity of the occupants of a vehicle. 21. The Marshals Office deploys its resources to enforce FLDS religious edicts. Such conduct includes dispatching Marshals Deputies in official vehicles to confront persons about their alleged disobedience to FLDS rules and instructing such persons to report to FLDS leadership. 22. In one instance, in 2000, Jeffs issued an order for a then-FLDS member to return an underage bride, who had fled her new husbands home, to FLDS leaders. Unaware that the then-FLDS member had already complied, three Marshals Deputies confronted him demanding that he return her to FLDS leaders. The Deputies drove official Marshals Office vehicles when they aggressively confronted the then-FLDS member. One of the Marshals Deputies involved in this incident remains employed by the Marshals Office, and another was the Marshal who resigned in or around April 2012. 23. In 2001, Jeffs issued an edict that all domestic dogs would be banned from the Cities. Less than one month later, in compliance with Jeffss edict, Marshals Deputies went to each household in the Cities and asked residents to turn over any dogs that they had in the home to the Officers. The Marshals Deputies then shot and killed the dogs in a

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slaughter pit a short distance from the Cities. Two of the Marshals Deputies involved in this incident remain employed by the Marshals Office. 24. The Marshals Office fails to cooperate with other law enforcement offices in investigating crimes against non-FLDS individuals or crimes committed by FLDS individuals. Since 2003, Arizona has decertified six officers employed by the Marshals Office, and a seventh officer resigned after having been decertified by Utah officials. Three were decertified for failure to comply with state law-enforcement efforts, including refusing to testify at a grand jury proceeding. 25. In October 2005, Fred J. Barlow, during the time he served as Marshal, wrote a letter to then-fugitive Jeffs, stating in relevant part, I rejoice in the peace that comes over me when I follow the directives that you have sent to me through [FLDS member] Uncle William [Jessop]. I have felt a unity between the peace officers. They have all stated to me their desire to follow the directives that are placed before us. . . . I want to fill the position that you would have me fill and do the job the way that you would like it done. . . . We will continue with that directive unless you would like us to do something different. Three out of the current six Marshals Deputies were either employed by the Marshals Office or finishing the required police training for the Marshals Office at the time Marshal Barlow wrote this letter to Jeffs. 26. Marshal Barlow was later decertified as a peace officer by the Arizona Peace Officers Standards and Training Board (AZPOST) for failing to comply with an Arizona

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Attorney General investigation. On August 7, 2007, an administrative law judge, in reviewing AZPOSTs decertification decision, determined that Barlow displayed bias in favor of Warren Jeffs and the FLDS, in derogation of his oath to neutrally enforce the law. 27. On at least one occasion, in July 2011, the then-Marshal and Marshals Deputies participated in the building of fences on UEP Trust property that the FLDS had illegally occupied without permission of the UEP Trust. 28. Since the UEP trust was reformed in 2006, the Marshals Office has consistently disregarded the validity of Trust-signed occupancy agreements and of legal rulings that guarantee the rights of non-FLDS Trust beneficiaries. For example, in December 2011, Marshals Deputies refused to enforce the occupancy agreement held by a nonFLDS individual for a property known as the Holm School Building, located at 1055 Carling Street, Hildale, Utah. Several FLDS members entered the building and locked out the rightful non-FLDS occupants of the building. The FLDS members occupying the building refused to allow the rightful non-FLDS occupants to retain possession of the Holm School Building. Those non-FLDS individuals contacted county law enforcement to remove the FLDS trespassers on or about December 20, 2011. At the request of County officials, Marshals Deputies also arrived at the Holm School later that day. The Marshals Deputies refused to remove the FLDS trespassers, and the County Sheriffs Deputies were forced to ensure the removal of the trespassers in light of the Marshals Officers failure to take any affirmative steps. One of the Marshals Deputies not only refused to assist the Sheriffs deputies, but left the scene. On another occasion, in August 2008, then-Marshal Jonathan Roundy, responded to a property

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dispute between an FLDS member and a non-FLDS individual. The Special Fiduciary and his agent informed Marshal Roundy that the non-FLDS member had permission, and therefore a right, to occupy the property. Nonetheless, Marshal Roundy sided with the FLDS member based on religious affiliation. In announcing his decision, Marshal Roundy stated, [the FLDS member] says this is his property, and we are going to honor him because he is a member of the Church, and he has asked [the non-FLDS] to leave, and that is where I am going to stand as Chief of the Police. 29. Additionally, on February 8, 2012, the Marshals Office responded to a report that FLDS members were building an illegal fence that encroached onto property validly occupied by a non-FLDS individual. A representative of the Special Fiduciary informed a Marshals Officer that the fence was being built without permission and should be stopped immediately. The Marshals Officer failed to act to stop the FLDS members from putting up the fence. 30. The Marshals Office uses its authority to aid the FLDS Church by facilitating the unlawful evictions of non-FLDS residents and refusing to permit non-FLDS individuals to move into properties for which they have occupancy agreements. 31. The Marshals Office arrests non-FLDS individuals without probable cause on the basis of religion. Specific incidents include arresting non-FLDS individuals for trespass on properties that they had the right to enter, arresting non-FLDS individuals without probable cause for theft of services, and holding an adult non-FLDS woman in jail overnight without probable cause on the alleged ground of being a minor in possession of alcohol.

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32. The Marshals Office has seized the property of non-FLDS individuals without due process of law. For example, in April or May 2010, the Marshals Office departed from its normal procedures in handling a stud horse who escaped from its non-FLDS owner. The Marshals Office caused the horse to be euthanized without contacting the owner. Members of the Marshals Office knew or should have known the stud horse, which had distinct markings, and they knew or should have known the identity of the horses owner. This action was taken on the basis of the owners religious affiliation. 33. The actions and omissions of the Marshals Office constitute an impermissible delegation of decision-making and authority to the FLDS, an entanglement of religious and civil functions, a fusion of government power and religious authority, and have the purpose and effect of the Cities impermissibly advancing religion. Because of these actions and omissions, there is no effective means of guaranteeing that the Cities governmental power is neutrally employed. 34. The states of Utah and Arizona have taken steps to address the unlawful policing practices in the Towns, including in early 2012, when the state legislatures of Arizona and Utah each introduced bills that would have had the effect of disbanding the Marshals Office. Both bills failed to pass. 35. The actions and omissions of the Marshals Office constitute a pattern or practice of discriminatory policing against non-FLDS individuals on the basis of religion, an impermissible preference for the FLDS church in the implementation of its lawenforcement responsibilities, and treatment of those who are not members of the FLDS as outside of the full and equal status as citizens.

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Housing Discrimination 36. Defendants Colorado City, Hildale, TCWA, and Twin City Power have treated nonFLDS individuals differently than FLDS residents because of religion by making housing unavailable to non-FLDS residents. In addition to the conduct described above, which resulted in violations of federally protected housing rights of non-FLDS, Defendants have, since approximately 2008, denied or unreasonably delayed water and electric service to non-FLDS individuals, refused to issue them building permits, and otherwise prevented non-FLDS individuals and the Trust from constructing new housing or occupying existing housing, all on the ground of religion. 37. When non-FLDS residents have requested water service at new properties, TCWA has denied their requests. The Cities and TCWA claim that they cannot provide water service to new properties because of a water shortage, while at the same time FLDS residents have received such services. In fact, there is no water shortage in the Cities that would justify these denials. 38. The Cities and TCWA have refused to permit non-FLDS individuals or the Trust to build new housing or improve existing housing on Trust-owned land. In some circumstances, the Cities and TCWA cite a water shortage as the reason for their refusals. In other circumstances, they claim that the Trust or non-FLDS individuals have no right to occupy or control the land. 39. During the same period in which Defendants Colorado City, Hildale, and TCWA denied non-FLDS residents water service, they have provided water service to new properties occupied or managed by FLDS residents. In some instances they have

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installed such connections at night; at other times they have installed the connections in putative exchange for water rights of far lesser value. 40. The Cities have refused requests from the Trust to subdivide Trust property into smaller lots. The Cities refusal to permit subdivision has prevented the Trust from transferring the deeds of those smaller lots to non-FLDS Trust beneficiaries. 41. Prior to July 2009, Defendants Colorado City, Hildale, and Twin City Power delayed providing electric connections to non-FLDS individuals or refused to provide such connections at all. During the same period, they provided electric connections to similarly situated FLDS individuals and entities. Since July 2009, the Cities have delayed providing necessary information regarding non-FLDS-occupied properties to Garkane Energy, the Cities current electricity provider, resulting in a delay before non-FLDS residents and entities receive electricity at their properties. Denial of Access to Public Facilities 42. Beginning in approximately 2008, the Cities have denied non-FLDS individuals equal utilization of public facilities on the basis of religion. 43. Cottonwood Park (the Park) and Cottonwood Zoo (the Zoo) are owned, operated, or managed by or on behalf of the Cities. 44. The United States has received signed written complaints of discrimination against non-FLDS individuals at the Zoo and the Park by the Cities. 45. On or about May 18, 2010, a group of non-FLDS children attempted to play at the Park. A Marshals Deputy told the children that they could not play at the Park and threatened them with arrest if they continued to play.

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46. In addition, beginning in approximately 2008, members of the Marshals Office and other officials of the Cities have told other non-FLDS individuals that they may not play at the Park. 47. The Marshals Office allows FLDS individuals to play at the Park. 48. Beginning in approximately 2008, members of the Marshals Office have harassed non-FLDS individuals who were lawfully on the Zoo premises. 49. Beginning in approximately 2008, the Marshals Office withdrew police protection from the Zoo when its occupancy agreement was taken over by a non-FLDS individual. When non-FLDS individuals presented the Marshals Office with evidence that FLDS individuals had been vandalizing the Zoo, the Marshals Office refused to act on those allegations. 50. The Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, on delegation from the Attorney General, has certified that all requirements specified in 42 U.S.C. 2000b have been met. The Certificate of the Assistant Attorney General is appended to this Complaint and is incorporated herein. FIRST CAUSE OF ACTION 51. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in the paragraphs above. 52. The First Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, provides, in pertinent part, that: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . . 53. The Fourth Amendment to the United States Constitution provides:

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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 54. Section I of the Fourteenth Amendment to the United States Constitution provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 55. By the actions set forth above, Defendants Colorado City and Hildale have engaged in and continue to engage in a pattern or practice of conduct that deprives persons of rights, privileges, or immunities secured or protected by the First, Fourth, and Fourteenth Amendments to the United States Constitution and the laws of the United States. These actions constitute violations of 42 U.S.C. 14141. 56. Persons who are subject to Defendants conduct are suffering, and will continue to suffer irreparable harm in the absence of relief. SECOND CAUSE OF ACTION 57. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in the paragraphs above.

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58. By the actions set forth above, Defendants have: a. Refused to negotiate for the sale of housing, denied housing, or otherwise made housing unavailable because of religion, in violation of 42 U.S.C. 3604(a); b. Discriminated in the terms, conditions, or privileges of rental of a dwelling because of religion, in violation of the Fair Housing Act, 42 U.S.C. 3604(b); and c. Coerced, intimidated, threatened, or interfered with a person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by the Fair Housing Act, in violation of the Fair Housing Act, 42 U.S.C. 3617. 59. Defendants actions described above constitute: a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. 3601-3619; or b. A denial to a group of persons rights granted by the Fair Housing Act, which raises an issue of general public importance, in violation of the Fair Housing Act, 42 U.S.C. 3614(a). 60. There are persons who have been injured by Defendants discriminatory actions and practices who are aggrieved persons as defined in 42 U.S.C. 3602(i). These persons have suffered damages as a result of Defendants discriminatory actions and practices described above. 61. Defendants conduct described above was intentional, willful, and taken in disregard for the rights guaranteed under the Fair Housing Act.

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THIRD CAUSE OF ACTION 62. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in the paragraphs above. 63. By the actions set forth above, Defendants Colorado City and Hildale have deprived individuals of, or threatened individuals with the loss of, the right to the equal protection of the laws on account of religion by denial of equal utilization of a public facility which is owned, operated, or managed by or on behalf of Defendants Colorado City and Hildale, in violation of 42 U.S.C. 2000b. PRAYER FOR RELIEF WHEREFORE, the United States prays that the Court: a. Enter a judgment declaring that the Defendants conduct, as alleged herein, violates the Fair Housing Act, Title III of the Civil Rights Act of 1964, the First, Fourth, and Fourteenth Amendments to the United States Constitution, and 42 U.S.C. 14141; b. Enter an order enjoining the Defendants from: i. Refusing to negotiate for the sale of housing, denying housing, or otherwise making housing unavailable because of religion, in violation of 42 U.S.C. 3604(a); ii. Discriminating in the terms, conditions, or privileges of rental of a dwelling because of religion, in violation of 42 U.S.C. 3604(b); and iii. Coercing, intimidating, threatening, or interfering with a person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person

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in the exercise or enjoyment of, a right granted or protected by Section 804 of the Fair Housing Act, in violation of 42 U.S.C. 3617; c. Enter an order enjoining Defendants Colorado City and Hildale, including but not limited to their law enforcement officers, from violating the rights of individuals on the ground of religion in violation of the First, Fourth, and Fourteenth Amendments to the United States Constitution and the laws of the United States, and 42 U.S.C. 14141; d. Enter an order enjoining Defendants Colorado City and Hildale from depriving individuals of or threatening individuals with the loss of the right to the equal protection of the laws on account of religion by denial of equal utilization of a public facility which is owned, operated, or managed by or on behalf of Defendants Colorado City and Hildale, in violation of 42 U.S.C. 2000b; e. Enter an order enjoining Defendants from failing or refusing to take such affirmative steps as may be necessary to prevent the recurrence of any discriminatory or otherwise unlawful conduct in the future and to eliminate, to the extent practicable, the effects of Defendants discriminatory or otherwise unlawful conduct; f. Award compensatory and punitive damages, pursuant to 42 U.S.C. 3614(d)(1)(B) to all persons harmed by the Defendants discriminatory practices; g. Assess a civil penalty against each defendant in an amount authorized by

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JS 44 (Rev. 09/11)

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CIVIL COVER SHEET

CM/ECF Requirements

The JS 44 civil coversheet and the information contained herein neither replace nor supplem the filing and service of plead ent ings or other papers as required by law, except as pr ovided by local rules of court. This form, approved by the Judicial Conference of the United States inSeptember 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
THE UNITED STATES OF AMERICA

DEFENDANTS
TOWN OF COLORADO CITY, AZ; CITY OF HILDALE, UT; TWIN CITY POWER; & TWIN CITY WATER AUTHORITY, INC.
County of Residence of First Listed Defendant
NOTE:

(b) County of Residence of First Listed Plaintiff


(EXCEPT IN U.S. PLAINTIFF CASES)

Mohave

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

United States Department of Justice, Civil Rights Division Lori K. Wagner, Esq. (202) 305-3107 (See Attachment)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Graif Barrett & Matura, P.C.; Stirba & Associates (See Attachment)

Attorneys (If Known)

II. BASIS OF JURISDICTION


1 U.S. Government Plaintiff U.S. Government Defendant

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)


(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6

3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)

5 6

IV. NATURE OF SUIT


CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

V. ORIGIN

1 Original Proceeding

Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

(Place an X in One Box Only)

VI. CAUSE OF ACTION Brief description of cause:

42 U.S.C. Sections 3601-3619; 42 U.S.C. Section 2000b; 42 U.S.C. Section 14141

DEMAND $ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE James A. Teilborg IF ANY
DATE

Violations of Civil and Constitutional Rights; Discrimination Based on Religion


CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER 3:10cv08105

SIGNATURE OF ATTORNEY OF RECORD

06/21/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/Lori K. Wagner
APPLYING IFP JUDGE MAG. JUDGE

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Case 3:12-cv-08123-MHB Document 1-1 Filed 06/21/12 Page 2 of 3


JS 44 Reverse (Rev. 09/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C P., which requires that jurisdictions be shown in pleadings. Place an X in one . of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdicti on arises under the Constitution of the Unite States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is aparty, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an X in the appropriate box. If the nature of s uit cannot be determined, be sure the cause of action, in S ection VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause Do not cite jurisdictional statutes . unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

Case 3:12-cv-08123-MHB Document 1-1 Filed 06/21/12 Page 3 of 3

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, v. TOWN OF COLORADO CITY, ARIZONA; CITY OF HILDALE, UTAH; TWIN CITY POWER; and TWIN CITY WATER AUTHORITY, INC., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) )

Attachment to Civil Cover Sheet I (c). Attorneys For Plaintiff United States of America: Thomas E. Perez Assistant Attorney General Steven H. Rosenbaum Jonathan M. Smith R. Tamar Hagler Christy E. Lopez Eric W. Treene Lori K. Wagner Sean Keveney Jessica C. Crockett Anika Gzifa Matthew Donnelly Attorneys United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Northwestern Building, 7th Floor Washington, DC 20530 Phone: (202) 305-3107 Facsimile: (202) 514-1116 E-mail: lori.wagner@usdoj.gov Virginia State Bar No. 39446 For Defendants: Defendant Town of Colorado City, AZ Jeffrey C. Matura Graif Barrett & Matura, P.C. 1850 North Central Avenue, Suite 500 Phoenix, Arizona 85004 Phone: (602) 462-9999 Facsimile: (602) 926-8075 E-mail: jmatura@gbmlawpc.com

Defendants City of Hildale, UT, Twin City Power and Twin City Water R. Blake Hamilton Stirba and Associates 215 South State Street, Suite 750 Salt Lake City, Utah 84110 Phone: (801) 364-8300 Facsimile: (801) 364-8355 E-mail: bhamilton@stirba.com

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