A former Morgan County Housing Authority tenant has filed a federal civil rights lawsuit alleging he was denied due process during his eviction and was unlawfully prevented from accessing his apartment before the court-authorized move-out date.
Randall E. Ford, of Jacksonville, filed the lawsuit June 26 in the U.S. District Court for the Central District of Illinois against the Morgan County Housing Authority, Executive Director Melissa Marsh, Property Manager Joe O’Neal and Maintenance Supervisor Christopher Elliott.
Ford alleges Elliott entered his apartment on May 18, took the keys from his hand and physically blocked him from re-entering to retrieve personal belongings before the eviction process had been completed. As an exhibit to the lawsuit, Ford filed a Jacksonville Police Department report documenting his complaint the following day. According to the report, an officer wrote that Ford reported Elliott entered the apartment unannounced, told him he should have been out by noon and attempted to prevent him from returning to collect the remainder of his belongings. The report also notes the officer had spoken with other individuals in the past regarding complaints about Elliott’s behavior. Ford told police he wanted the incident documented because he intended to seek a stay of the eviction through Morgan County Circuit Court.
Ford’s lawsuit seeks $250,000 in damages and a jury trial. The complaint includes federal civil rights claims alleging violations of due process, as well as state law claims for wrongful eviction and defamation. Ford states in the complaint that he is not asking the federal court to overturn the state eviction judgment, but instead seeks damages related to the defendants’ alleged conduct before, during and after the eviction.
On June 29, U.S. Magistrate Judge Douglas J. Quivey granted Ford permission to proceed without paying the filing fee and directed the Clerk of the Court to send waiver of service forms to the Housing Authority and the individual defendants.
Court records show waiver requests were mailed June 30. As of July 22, no response or appearance had been filed on behalf of the Morgan County Housing Authority or the named defendants.
The allegations contained in the lawsuit are claims made by the plaintiff and have not been proven in court.