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Agenda - Council - 03/13/2012 - Special
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Agenda - Council - 03/13/2012 - Special
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Last modified
3/18/2025 12:09:42 PM
Creation date
3/8/2012 4:33:12 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
03/13/2012
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109. Because of the failure of the Defendants to IawfulIy conduct its abatement, in <br />violation of the Equal Protection Clause, Kiefer has been damaged in an amount exceeding <br />$50,000. <br />110. Kiefer has been damaged due to the City of Ramsey's violation of federal <br />Constitution's Equal Protection Clause. <br />111. Kiefer also requests all remedies available under 42 U.S.C. § 1983 including <br />damages and attorney's fees and all other relief the court deems just. <br />COUNT VII <br />42 U.S.C. § 1983 CIVIL RIGHTS CLAIM — DUE PROCESS <br />112. Paragraphs 1 through 111 are restated by reference. <br />113. The United States Constitution, Amend. XIV, guarantees all persons the right to <br />not have their property deprived by the state without due process of law. <br />114. Federal law under 42 U.S.C. § 1983 provides remedies for violations of civil <br />rights. <br />115. Kiefer owned the personal property which was taken by the City of Ramsey and <br />its agent during the October 2007 abatement. <br />116. Kiefer and his private property fall within the protection of the Due Process <br />Clause. <br />117. The City of Ramsey and its agents took, destroyed and damaged Plaintiffs' <br />private property in the abatement violating Kiefer's due process rights. <br />118. Kiefer was constitutionally entitled to adequate specific notice from the City of <br />Ramsey which he did not receive — violating the federal Due Process Clause. <br />19 <br />
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