ASHLAND —
A man suing the City of Ashland and Boyd County in federal court over being evicted from his home because he didn’t have utilities has filed a motion seeking summary judgment in the case.
In his motion, John David Kennard maintains the acts of the defendants were “a brutal violation of (his) fundamental human rights to be secure in his home and property,” as well as his right to due process.
Kennard, 56, who’s acting as his own attorney in the civil suit, also argues judgment should be entered on his behalf because there was “no charge, trial, verdict and sentence” upon which the decision to evict him from his house and to have his eight cats euthanized was based.
Kennard filed suit April 5 in U.S. District Court, claiming the city violated his constitutional rights when it kicked him and his cats out of his home in the 5200 block of Skyline Drive because he was living there without utilities.
He subsequently filed an amended complaint adding the county as a defendant because the cats were put down at the county animal shelter.
In court documents, Kennard says the cats — which he claims were “neutered, perfectly domesticated indoor animals” — had been his “sole companions” since his mother’s death from cancer in 2005.
Kennard is seeking monetary damages for his cats in the amount of $80,000, or $10,000 per cat. In responding to the suit, attorney James H. Moore III of Ashland, who’s representing the county in the mater, argues that amount is preposterous, and without it, Kennard doesn’t have grounds to sue in federal court.
“The fair-market value of an ordinary housecat is not $10,000 per animal,” Moore wrote. “Therefore, the plaintiff has not met the jurisdictional minimum dollar amount necessary to access this honorable court, requiring dismissal of the complaint.”
Both the city and the county denied any wrongdoing in their responses to Kennard’s suit.
The eviction took place on March 7, according to the suit. By kicking him out, Kennard alleges, the city violated his right to be secure in his own home, guaranteed to him by the Fourth Amendment to the U.S. Constitution.
The suit also states the matter belongs in federal court because the city accepts money from the Department of Housing and Urban Development for programs designed to prevent evictions and homelessness.
In addition to monetary damages, Kennard is seeking order allowing him to return to his home; a protective order against retaliation by the defendants; compensation in the form of non-taxation by the city and county, plus free city services.
Kennard states in court documents that he is unemployed and his only income is $200 a month in food stamps. He also says he previously worked as a stagehand, but had to quit after suffering a back injury 10 years ago.
KENNETH HART can be reached at khart@dailyindependent.com or
(606) 326-2654.
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Judgement sought in eviction
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