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ST. LOUIS RECORD

Friday, April 26, 2024

Late-night 'home inspection' prompts lawsuit against Florissant city officials

Lawsuits
Police

The lawsuit names a building inspector and three police officers.

ST. LOUIS –– A Florissant resident accuses the city's building inspector and police of unlawfully searching her home without a warrant and evicting her.

Amanda Smith and DFC Management LLC filed a complaint in the U.S. District Court for the Eastern District of Missouri against the city of Florissant, city building inspector Cory Reed, building commissioner Philip Lum, police chief Timothy Lowery and police officers Patrick O'Neill, Benjamin Bathon and Jarrod Coder.

According to the complaint, Smith's father purchased the home through his company, DFC Management LLC, for her use in January. In the early morning hours of Easter Sunday, the building inspector and police entered the home under the auspices of an inspection, the complaint states. 

The officials searched her home, including looking inside "containers" and other spots that would have no bearing on a code enforcement violation, Smith claims. City officials then ordered Smith to leave the home until an occupancy permit was obtained. If she re-entered the home without one, Smith says they told her, she would be arrested. 

Smith contends even if the justification for an inspection were true, it would not provide a lawful basis for requiring her to immediately vacating the home.

"There was no finding that the home was so damaged, dilapidated, unsanitary,  unsafe, insect infested, rodent infested or was otherwise unfit for human habitation," the complaint states. "The home was never condemned as unfit for human habitation."

Smith seeks $1 million in damages, plus costs.

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