BEFORE THE IOWA CIVIL RIGHTS COMMISSION

VINCENT LEWIS, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

vs.

HURL KNIGHT, Respondent.

Course of Proceedings

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Vincent Lewis against the Respondent Hurl Knight alleging discrimination on the basis of race with respect to housing.

Through his complaint, which was amended without objection prior to hearing, Complainant Lewis alleges that the Respondent Hurl Knight either rejected his offer to buy a property (a house) due to his race or compelled or coerced another to reject his offer because of his race.

A public hearing on this complaint was held on January 8, 1992 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Conference Room of the Iowa Civil Rights Commission in Des Moines, Iowa. The last brief in this case was filed on March 10, 1992.

The Respondent, Hurl Knight, is represented by Jeffrey Flagg, Attorney at Law. The Iowa Civil Rights Commission was represented by Rick Autry, Assistant Attorney General. The Complainant, Vincent Lewis, is not represented by counsel. The findings of fact and conclusions of laware incorporated in this contested case decision in accordance with Iowa Code S 17A.16(1) (1993). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id. at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 17A.16(1).

The Iowa Civil Rights Act requires that the existence of race discrimination be determined in light of the record as a whole. See Iowa Code S 216.601A.15(8) (1993)(formerly S 601A.15(8)). Therefore, all the evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected by a particular decision in the case.