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Suit by Umeka Lewis vs. City of Dubuque, Boge, and JaegerUMEKA LEWIS, v. Plaintiff, IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY JOHN J. JAEGER, ROBERT E. BOGE and THE CITY OF DUBUQUE Defendant. TO THE ABOVE -NAMED DEFENDANTS: IMPORTANT ORIGINAL NOTICE CLERK OF COURT No. 01311LACV056337 You are hereby notified that a petition has been filed in the office of the clerk of this court naming you in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiff is Ray Johnson, whose address is 950 Office Park Rd. Suite 335 West Des Moines, Iowa 50265. That attorney's phone number is (515) 224 -7090. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Dubuque County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (If you are hearing impaired, call Relay Iowa TTY at 1- 800 - 735- 2942). Dubuque County Courthouse Dubuque, Iowa YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. n Q �: • If ^ = ':` an,..�iiary aids or serfices is requirM to 5- m c3; r t due to a disability such as ii` -7 r,.. -c..) 57- CD i , u, l the Americans With Disabilities c tei6nat e — C at (31 t ) 833-3332.1f you are in need of dual party P 1 relay services, call Relay lows TN at 1- 800 - 735 -2942, D n m rn 0 x C o UMEKA LEWIS Plaintiff, v. IN THE IOWA DISTRICT COURT OF DUBUQUE COUNTY ) ) ) No. 0/311b/Y ) JOHN G. J. JAEGER, ROBERT E. BOGE SECOND AMENDED PETITION and THE CITY OF DUBUQUE ) FOR DECLARATORY JUDGMENT, PERMANENT Defendants. ) INJUNCTIVE RELIEF AND DAMAGES ) Plaintiff, Umeka Lewis by her attorney, Ray Johnson, Def states: hereby submits this Second Amended Petition. Additions to the Amended Petition are in bold and deletions are in strikethrough. PARTIES 1. At times relevant to this petition, Plaintiff Umeka Lewis resided at 414 V2 Loras Blvd. Apt. 2, Dubuque, Iowa 52001. 2. Defendant John G. Jaeger owns and operates the apartment at issue in this litigation. 2A. Defendant, Robert E. Doge is a Housing Inspector for the City of Dubuque. 2B. Defendant, The City of Dubuque, is a municipal corporation organized under the laws of the State of Iowa. VENUE 3. Venue is proper in Dubuque County. GENERAL ALLEGATIONS 4. At the time relevant to this action, Umeka Lewis was engaged in a written rental agreement with Jaeger for the property located at 414 1/2 Loras Blvd. Apt. 2, Dubuque, Iowa 52001. The lease began November 1, 2008, and ended on October 31, 2009. 5. While Lewis lived in the apartment at issue, it was infested with bats. 6. As result of the bats, Lewis gave Jaeger a 30 day notice to terminate the lease on September 25, 2009. 6A. On or about October 8, 2009, Robert Boge, a Dubuque housing inspector, ordered Defendant John Jaeger to lock Lewis out of her apartment due to alleged health and safety issues. Lewis was not provided notice of the lock -out by Boge or the City of Dubuque, nor was she provided with an opportunity to be heard on the disputed issues. 6B. Defendants acted in concert to evict Lewis, depriving her of a protected property interest. Boge acted under color of law for the City of Dubuque with its authority and consent. Boge's actions were purportedly taken under authority of a vague and overbroad City ordinance that also denied Due Process of timely notice and meaningful opportunity to be heard, all in violation of the Iowa and U.S. Constitution. 7. On or about October 7 8, 2009, Jaeger locked Lewis out of her apartment without notice and moved all of her possessions to the curb. Consequently, Lewis was homeless and was forced to sleep in her car that night. Because of the unexpected eviction without notice, Lewis had to take residence in a homeless shelter. 8. John Jaeger had used "self help" to enter Lewis' apartment and evict her without any notice of the eviction. 9. As a result of Lewis' possessions being moved outside and left unattended, much of her property was stolen by the time she found her property at the curb. 10. All attempts by Ms. Lewis to retrieve her deposit in its entirety have been rebuffed; Defendant claims the deposit has been kept because of excessive utility usage although the lease provides the Defendant pay all utilities for the apartment. COUNT I SECURITY DEPOSIT (Jaeger Only) 11. The Plaintiff re- alleges and incorporates all allegations of this Petition as if fully set forth herein. 12. Defendant is illegally retaining Ms. Lewis' security deposit. Defendant is attempting to retain all or part of Plaintiff's security deposit for reasons not permitted by Iowa Code § 562A. Defendant knew, or should have known, of the requirements of Iowa Code chapter 562A, the Uniform Residential Landlord and Tenant Act. Defendant's retention of Plaintiff's security deposit is in bad faith and in violation of Iowa Code § 562A.12, entitling the Plaintiff to actual damages, punitive damages and attorneys' fees pursuant to Iowa Code § 562A.12(7) and (8). WHEREFORE, the Plaintiff, Umeka Lewis, respectfully requests the Court enter judgment in her favor and award her actual, punitive and statutory damages as shown by the evidence, that Plaintiff be awarded her reasonable attorney's fees and costs, and for such other relief as the Court deems appropriate in the circumstances. COUNT II UNLAWFUL ENTRY OF APARTMENT (Jaeger Only) 13. The Plaintiff re- alleges and incorporates all allegations of this Petition as if fully set forth herein. 14. The Defendant and /or his employees, agents or those acting in concert with him entered Lewis' apartment for impermissible purposes, including but not limited to the purpose of illegal eviction and converting her property without her permission. 15. The ent entries were an abuse of access in violation of Iowa Code § 562A.35(2). 16. As a result, Plaintiff has suffered actual damages and injury, including, but by no means limited to, the loss of her property, anger, embarrassment, frustration, inconvenience and emotional distress caused by Defendant's conduct and the resulting damages Plaintiff has sustained, and other incidental and consequential damages for which she should be compensated in an amount to be proven at trial. WHEREFORE, the Plaintiff, Umeka Lewis, respectfully requests the Court enter judgment in her favor and award her actual damages, including damages for emotional distress, statutory damages as allowed by Iowa Code § 562A.35, attorney's fees and costs of the action, and that costs be assessed against the Defendant, and for such other relief as the Court deems appropriate in the circumstances. COUNT III CONVERSION (Jaeger Only) 17. The Plaintiff re- alleges and incorporates all allegations of this Petition as if fully set forth herein. 18. Ms. Lewis' stolen belongings were, and are, the lawful property of Ms. Lewis. 19. Defendant has converted Ms. Lewis' belongings and the right to occupancy and quiet enjoyment of rental unit with no legal right to do so. 20. Defendant's actions were wanton, egregious, wrongful, and constituted an intentional tort and were committed with malice and /or willful or reckless disregard for the rights of Ms. Lewis, were directed specifically at Ms. Lewis, and were such as would warrant an award of punitive damages. WHEREFORE, the Plaintiff, Umeka Lewis, respectfully requests the Court enter judgment in her favor and award her actual damages shown by the evidence, punitive damages, and for other such relief as the Court deems appropriate in the circumstances. COUNT IV ILLEGAL EVICTION (Jaeger Only) 21. The Plaintiff re- alleges and incorporates all allegations of this Petition as if fully set forth herein. 22. John Jaeger illegally evicted Lewis without using judicial process in violation of Iowa Code §§ 562A.26 and 562A.33. 23. Defendant knew or should have known his actions in evicting Lewis was prohibited under Iowa law. 24. As a result, Plaintiff has suffered actual damages and injury, including, but by no means limited to, the loss of her property, anger, embarrassment, frustration, inconvenience and emotional distress caused by Defendant John Jaeger's conduct and the resulting damages Plaintiff has sustained, and other incidental and consequential damages for which she should be compensated in an amount to be proven at trial. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in her favor, award her actual and/or statutory damages, that the Court award reasonable attorney's fees and that costs be assessed against the Defendant, and for such other and further relief as the Court deems appropriate in the circumstances. COUNT V ILLEGAL LEASE PROVISIONS (Jaeger Only) 25. All facts and allegations of this Petition are realleged and incorporated herein by reference. 26. The lease used by Jaeger contained provisions which are illegal under Iowa law and are unenforceable against the Plaintiff. The illegal lease provisions include, but are not limited to, the following: a. The lease contains an illegal provision requiring Lewis to pay Jaeger's attorney's fees for actions to enforce the lease or to recover possession. 27. Defendants knew or should have known these provisions are prohibited under Iowa law. Willful use of these rental agreement provisions entitle Plaintiff to up to three months rent for their use in the lease. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in her favor, award her actual and /or statutory damages, that the Court award reasonable attorney's fees and that costs be assessed against the Defendants, and for such other and further relief as the Court deems appropriate in the circumstances. COUNT VI VIOLATIONS OF CONSTITUTIONAL RIGHTS (All Defendants) 28. Plaintiff incorporates by reference all facts and allegations set forth in the Petition. 29. Defendants acting in concert and under color of law, actively participated in, and authorized, the wrongful deprivation of Plaintiffs property and /or property interests without due process in violation of the Fourth and Fourteenth Amendments to the Constitution and Article I, Section 9 of the Iowa Constitution, including but not limited to evicting Plaintiff without notice. 30. The city ordinance relied upon by Boge and the City of Dubuque to Order Jaeger to evict Lewis without any notice, much less notice reasonably calculated to reach Lewis, is unconstitutional both facially and as applied. The ordinance authorizes a process not reasonably calculated to give adequate notice or a hearing. 31. The city ordinance relied upon by Boge and the City of Dubuque to order Jaeger to evict Lewis is vague and overbroad in violation of the Iowa and US Constitutions. 32. The city ordinance relied upon by Boge and the City of Dubuque to order Jaeger to evict Lewis is preempted by the Iowa Uniform Residential Landlord and Tenant Law. 33. Lewis has sustained damages and injury as a result of Defendants' actions, including damages for anger, embarrassment, frustration, inconvenience and emotional distress caused by Defendants' conduct and the resulting damages Plaintiff has sustained and other incidental and consequential damages for which she should be compensated. 34. The actions taken by Defendants were wanton, egregious, wrongful, and constituted an intentional tort and were committed with malice and /or willful or reckless disregard for the rights of the Plaintiff, were directed specifically at the plaintiff and were such as would warrant and award of punitive damages against Jaeger and Boge. WHEREFORE, the Plaintiff, Umeka Lewis, respectfully requests the Court enter judgment in her favor and award her actual damages, including damages for emotional distress, statutory damages as allowed by Iowa Code § 562A.35, punitive damages against Defendants Jaeger and Boge, attorney's fees and costs of the action, and that costs be assessed against the Defendants, and for such other relief as the Court deems appropriate in the circumstances. Plaintiff further prays for Declaratory relief against Boge and the City of Dubuque declaring the city ordinance(s) they relied upon to evict the Plaintiff without notice are preempted by the Iowa Landlord and Tenant Law and are in violation of the Iowa and U.S. Constitutions and enjoin them from further enforcement of the ordinance. Plaintiff further prays for any additional relief the Court deems appropriate in the circumstances. Respectfully submitted, RAY JOHNSON AT0004019 Johnson Law Firm 950 Office Park Rd., Suite 335 West Des Moines, Iowa 50265 Phone: (515) 224 -7090 CERTIFICATE OF SERVICE Fax: (515) 222 -2656 Johnsonlaw29(aol.com ATTORNEY FOR PLAINTIFF The undersigned hereby certifies that a true copy of the foregoing document was served upon Defendant by mailing the same in an enve pe addre sed to Defendant at the Defendant's address shown in this Petition on the�,C'ay of e't,_,, , 2010. r