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
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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.
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