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Robert L. Davis v. Michael Farmer

April 9, 2012

ROBERT L. DAVIS, PLAINTIFF,
v.
MICHAEL FARMER, RAY WILLIS, MICHAEL MCAFEE, AND CAPITAL TOWNSHIP ASSESSOR, DEFENDANTS.



The opinion of the court was delivered by: Sue E. Myerscough, United States District Judge.

E-FILED Tuesday, 10 April, 2012 02:40:55 PM Clerk, U.S. District Court, ILCD

OPINION

This cause is before the Court on Defendant Capital Township Assessor's Combined Motion to Dismiss (d/e 15). For the reasons that follow, the Motion is GRANTED.

I. FACTS

On January 3, 2012, Plaintiff Robert L. Davis filed a pro se Complaint on a pre-printed form. Plaintiff does not identify a particular cause of action but marked the box labeled "Unknown."

Plaintiff named as Defendants the following individuals: Michael J. Farmer, Director of the Springfield Office of Planning and Economic Development (OPED); Capital Township Assessor; and two employees of the United States Department of Housing and Urban Development (HUD) located in Chicago, Ray Willis and Michael McAfee. Defendant Farmer has filed an Answer to the Complaint. Defendants Willis and McAfee have not yet been served.

The "Statement of Claim" portion of Plaintiff's Complaint, written in a narrative form, provides the following information.

Plaintiff alleges that OPED had a program to assist individuals with fixing their homes. The program cost Plaintiff $1,081.48 instead of $392.76. Plaintiff was also harassed "all through this program."

Defendant Farmer and Mayor Timothy Davlin sent a letter "saying the county tax assessor['s] office made the error c[a]using [Plaintiff's] taxes to double, which [Plaintiff] paid." However, the Assessor's Office thereafter sent Plaintiff a letter indicating that the permit issued by OPED was "a certificate of error [sic] the value should not have been changed."

Rebecca Jannesse of OPED had Zelle Title Company do a title search, which located a lien of $55,966.43. Zelle Title Company told Plaintiff that the lien could be removed for $225. Plaintiff had to go to the mayor's office to have the lien removed. The mayor's office told Plaintiff that Zelle Title Company made a mistake.

OPED called Plaintiff's employer to see if he worked there. Plaintiff lost his job at Wal Mart, and Plaintiff filed a complaint against Wal Mart with the Illinois Department of Human Rights. Plaintiff had a meeting with Wal-Mart during which "Wal Mart stated they [were] harassed by [OPED] and it sent up red flags." Plaintiff was fired.

The mayor's office sent a lawyer to help Plaintiff in court. The attorney, Ryan McCrady, reset the court date. On the new court date, attorney McCrady said he could not help Plaintiff because he represented the City of Springfield. The judge told Plaintiff that Plaintiff was "don[e] wrong" and that Plaintiff needed a lawyer.

The work on Plaintiff's house was "done bad." Plaintiff also received a building and zoning ticket for $250. Plaintiff alleged his "yard was the clean[e]st in the community" and that "this is another way to make me pay money."

OPED sent Plaintiff a letter on March 10, 2010 indicating that Plaintiff did not have to pay back any money from the program. Joe Davis bought Plaintiff's home at 2001 East Adams. Plaintiff alleges that Davis was "in with" Q5, which worked with the Greater Springfield Chamber of Commerce, OPED, the County Tax Assessor's office, and the Springfield mayor's office to help Joe Davis "get [Plaintiff's] home." Plaintiff also alleged that Q5 wanted Plaintiff to pay money when the program was supposed to be free. Plaintiff further alleged that people in Q5 received money to buy homes to fix, build ...


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