St. Louis Record

Wednesday, July 17, 2019

Kansas City man sues city alleging theft of ducks, dog and time and to stop demolition, auction


By Karen Kidd | Aug 23, 2018

KANSAS CITY – A Kansas City man is suing city officials and the city for allegedly harassing him, stealing his ducks, dog and time and to stop scheduled demolition and auction of his property, according to his complaint filed earlier this month.

Plaintiff Ken Auman claims that city officials have trespassed on his residential property at 8900 Michigan Ave. and stolen from him, including "ducks and a dog and vast quantities of plaintiff's time," according to his 33-page complaint filed Aug. 16 in U.S. District Court for Missouri's Western District. He also claims city officials have harassed him "in numerous ways over the entire ownership period of about four years and now they have scheduled to demolish" his property, Auman's lawsuit said.

The case is assigned to District Court Judge Nanette K. Laughrey.

District Court Judge Nanette K. Laughrey

Auman claims in his lawsuit that he and a business partner got permission from the Kansas City Department of Animal Control before they began raising ducks as a business venture. Auman claims the city "began to harass" him with "code violations" shortly after he purchased the property "as a rehab project" in February 2014 and that the city stole the ducks and a large dog. The city eventually returned the dog and the ducks but his business partner was so "traumatized" that he took the dog and ducks "and moved far away from Kansas City," the lawsuit said.

Auman claims in his lawsuit that subsequent financial problems caused him to be delinquent on his taxes and he asked the court for an injunction on auction of his property this month.

Named defendants are Kansas City Senior Associate Attorney Doug McMillan; Schokey Franciscus, who is director of Kansas City's dangerous buildings department; Kansas City Housing Court Judge Todd Wilcher, Neighborhood and Housing Services Director John Wood, and Kansas City Mayor Sylvester "Sly" James Jr., all in their personal capacities, and Kansas City Manager Troy Schulte in his personal and professional capacities. Kansas City also is a named defendant in the case.

Auman claims the defendants violated his First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, 10th, 13th and 14th Amendment rights under the U.S. Constitution, in addition to "criminal misconduct, failure to train and other torts" and violations of the Federal Tort Claims Act.

Auman is seeking civil damages, declaratory relief, injunctive relief, a permanent injunction "on a number of issues," monetary cost, financial hardship, "emotional trauma," restitution, disgorgement, other equitable relief and punitive and exemplary damages.

Auman is representing himself.

U.S. District Court for the Western District of Missouri case number 4:18-cv-00636-NKL

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Missouri Court of Appeals Western District

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