The City of Jacksonville is asking a federal judge to dismiss a lawsuit filed by a Jacksonville woman who alleges city workers damaged her property while removing trash and debris.
City attorneys filed a combined motion to dismiss Monday in U.S. District Court for the Central District of Illinois.
Amanda Raye Wilkinson filed the lawsuit in July, alleging city workers entered her property at 316 West Walnut Street on May 12th without notice, consent, a warrant or other legal authorization. Wilkinson alleges heavy equipment was used on her driveway, causing damage.
The city disputes that it acted without notice.
According to the motion filed by the city’s attorney J. Nic Harkey, the city sent an official notice on April 30th stating that a large pile of trash needed to be removed and giving the property owner until May 8th to bring the property into compliance.
The city says the trash was not removed, and an official notice to proceed with abatement was issued May 11th.
The city argues its actions were authorized under the Jacksonville Municipal Code and that Wilkinson has not established a violation of her Fourth Amendment rights.
The city is asking the court to dismiss the federal claim with prejudice and either dismiss the remaining state claims without prejudice or, alternatively, dismiss those claims as well.
The city also asks the court to enter judgment and close the case.
The motion was filed September 21st. A federal judge has not yet ruled on the city’s request. Wilkinson’s answer to the court is due by October 5th.