A Jacksonville woman has filed a federal civil lawsuit against the City of Jacksonville and unidentified city maintenance workers, alleging her constitutional rights were violated after city crews allegedly entered her property without permission and damaged her driveway.
According to federal court records, Amanda R. Wilkinson filed the lawsuit Wednesday, July 22, in the U.S. District Court for the Central District of Illinois in Springfield.
In the complaint, Wilkinson alleges city employees entered her property at 316 W. Walnut St. without a warrant, court order, notice or her consent, constituting an unreasonable seizure under the Fourth Amendment.
The lawsuit names the City of Jacksonville as a defendant along with multiple John Doe defendants, identified as city maintenance workers whose identities were not known when the complaint was filed.
Wilkinson alleges the unidentified employees entered her private property and operated heavy equipment that caused “deep ruts and cracked, crumbling concrete” in her driveway.
The complaint further alleges the City of Jacksonville is liable because the actions were allegedly authorized, approved or ratified by an official with final policymaking authority over street maintenance or utility operations, or reflected a city custom or practice of permitting unauthorized work on private property without notice or consent.
The lawsuit contains four counts:
- Count I: Fourth Amendment violation under federal law, alleging an unreasonable seizure of property.
- Count II: Trespass under Illinois law.
- Count III: Negligence under Illinois law.
- Count IV: Property damage under Illinois law.
Wilkinson seeks compensatory damages, including the cost of repairing the driveway, damages for the loss of use and enjoyment of her property, court costs, prejudgment and post-judgment interest, and any additional relief the court deems appropriate.
The complaint also requests punitive damages against the unidentified individual defendants, alleging they acted with “reckless and callous disregard” for her constitutional and property rights. The filing acknowledges punitive damages are not available against the City of Jacksonville under federal civil rights law.
Wilkinson has also requested a jury trial.
The allegations contained in the complaint are claims made by the plaintiff and have not been proven in court. As of late Wednesday, no response from the City of Jacksonville had been filed in the case.