Mark Kruzan and Anti-Semitism in Bloomington

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

SETH S. PATINKIN, Plaintiff

Civil Action No. 1:2007cv00482 (JDT)

v. CITY OF BLOOMINGTON, INDIANA; KEVIN BOWLEN, CAROL JACK, SUSIE JOHNSON, LISA ABBOTT, MAYOR MARK KRUZAN, BARBARA MCKINNEY, DANIEL GRUNDMANN, KEVIN ROBLING, PATRICIA MULVIHILL, SARAH WEBBER-LIU, all in their official and individual capacities; and INDIANA UNIVERSITY, STACEE EVANS, WILLIAM J. BEGGS, JAN P. SZATKOWSKI, RE/MAX ACCLAIMED PROPERTIES, ANDREW WALKER, VIRGINIA “JENNY” SOUTHERN, and JOHN DOES 1 through 10, Defendants

SETH S. PATINKIN’S VERIFIED COMPLAINT AND JURY DEMAND

SETH S. PATINKIN, by and through his attorney, Joe Frankus, bring forth this cause of action against the above – named Defendants:

INTRODUCTION

1. Seth S. Patinkin (“Patinkin”) is a noted alumnus of Indiana University who resides in Chicago, Illinois.
2. Patinkin, who is Jewish, has owned rental properties since he graduated from Indiana University (“IUB”) in 1998. Patinkin currently owns and/or is the agent for four (4) properties in Bloomington located at: 414 E. 1^st Street, 816 E. 2^nd Street, 709 South Anita and 319 E. 12^th Street.
3. In December of 2004, Patinkin entered into a business partnership with Defendant Jan P. Szatkowski (“Szatkowski”) for the purpose of purchasing student rental properties in Bloomington.
4. Szatkowski would soon reveal his anti – Semitic sentiment.
5. In July of 2005, Patinkin brought suit against Szatkowski for breach of contract relating to their business partnership. That suit, Patinkin v. Szatkowski (Cause No. 53C04 0507 PL 01424), is currently pending in the Monroe Circuit Court of the State of Indiana.
6. Shortly after being sued, Szatkowski’s attorney, William J. Beggs (“Beggs”) launched into a series of judicial and extra – judicial measures to force Patinkin to abandon his legitimate claims.
7. Beggs enlisted the help of the City of Bloomington in an attempt to destroy Patinkin’s student rental property business and to secure a favorable outcome in the Patinkin v. Szatkowski lawsuit.
8. The City has used the Title 20 Zoning Ordinance (“Title 20”), a regulation that limits occupancy in certain non – grandfathered houses to three (3) unrelated adults, as a pretext to deprive Patinkin of his civil rights under law.
9. The City has told Patinkin’s student lessees that they were violating Title 20 when in fact they were not. The City further suggested that the student lessees vacate the premises in violation of valid leases between Patinkin and his student lessees.
10. The City’s Title 20 enforcement policies have resulted in multiple student lessees vacating Patinkin’s student rental properties in violation of valid leases.
11. City employee, Neighborhood Compliance Officer (“NCO”) Kevin Bowlen (“Bowlen”), told Patinkin during an official rental home inspection of Patinkin’s property that:

“We do not like your kind of people around here. You are going to be fined a lot and there is nothing you Jews can do about it. Your kind of people have no business owning property around here.” Bowlen muttered “F------ Jews” as he exited the home.

Bowlen’s comments were made in the presence of Pamela Koszut (“Koszut”),

Patinkin’s fiancée.

12. Bowlen has falsified documents relating to Patinkin’s rental properties.
13. In response to Patinkin’s pleas, the City reluctantly investigated Bowlen’s targeted actions towards Patinkin. The City determined that there was no improper conduct by Bowlen.
14. The City has employed Title 20 to direct unannounced late night Police visits to student lessees residing in Patinkin’s rental homes. Police entered a home without permission and threatened “possible jail time” for alleged Title 20 over – occupancy violations.
15. The City has continued to demonstrate that it has an interest in forcing Patinkin to discontinue his student rental property business in Bloomington.
16. To this end, the City has additionally enlisted the help of permanent residents unhappy with rental homes in their neighborhoods, IUB via its legal clinic, Student Legal Services (“SLS”), and cooperated with Beggs and his associates.
17. Szatkowski, his attorney Beggs, and RE/MAX realtor Andrew Walker (“Walker”), have attempted to have Patinkin’s student lessees sign a false certification document drafted by Beggs (“Beggs Release”) in direct conflict of an existing Court Order relating to the Patinkin v. Szatkowski case.
18. SLS has advised Patinkin’s student lessees to sign false statements and breach valid rental leases.
19. Permanent residents, unhappy with student rental homes in their neighborhoods, have cooperated with the City in their attempt to oust Patinkin from the student rental business in Bloomington.
20. Patinkin has made numerous attempts to try to work out an amicable arrangement with the City to no avail. These attempts have included: copies of valid leases, affidavits from Patinkin’s property managers and student lessees, rent receipts and countless letters and e – mails to City agents and employees.
21. Patinkin has and continues to suffer an illegal and unjustified attack on his civil rights, property rights and reputation as a result of the defendants’ ongoing conspiracy to cause Patinkin’s student rental business to fail.
22. The net effect of this conspiracy between the defendants is that Patinkin’s student rental property business has been nearly ruined and Patinkin’s personal and professional reputation in Bloomington has been permanently harmed.

PARTIES

23. The City of Bloomington (“City”) is a city in southern Indiana.
24. Jan P. Szatkowski (“Szatkowski”) is Patinkin’s estranged business partner with residences in Rochester, Minnesota and Chicago, Illinois.
25. Kevin Bowlen (“Bowlen”) is employed by the City in the Housing and Neighborhood Development Department (“HAND”) as a Neighborhood Compliance Officer (“NCO”).
26. Carol Jack (“Jack”) is employed by the City in HAND as a NCO.
27. Susie Johnson (“Johnson”) was the Director of HAND during 2005.
28. Lisa Abbott (“Abbott”) is the current Director of HAND.
29. Mayor Mark Kruzan (“Mayor Kruzan”) is the Mayor of the City.
30. Barbara McKinney (“McKinney”) is the Human Rights Attorney and Contract Compliance Officer for the City.
31. Daniel Grundmann (“Grundmann”) is the Director of Employee Services for the City.
32. Kevin Robling (“K. Robling”) is Corporation Counsel for the City.
33. Patricia M. Mulvihill (“Mulvihill”) is an Assistant Attorney for the City.
34. Sarah Webber – Liu (“Liu”) is an Assistant Attorney for the City.
35. Indiana University (“IUB”) is a Big Ten University located in the City.
36. Stacee Evans (“Evans”) is a Staff Attorney at SLS.
37. William J. Beggs (“Beggs”) is a licensed attorney at the law firm of Bunger & Robertson in the City.
38. RE/MAX Acclaimed Properties (“RE/MAX”) is an independently owned and operated franchisee of RE/MAX of Indiana.
39. Andrew Walker (“Walker”) is a RE/MAX Acclaimed Properties realtor in the City.
40. Virginia “Jenny” Southern (“Southern”) is president of the Elm Heights Neighborhood Association in the City.

JURISDICTION AND VENUE

41. This action arises under the Constitution of the United States, the Fourteenth Amendment, the laws of the United States, 42 U.S.C. Sections 1981, 1982, 1983, 1985, and 1988, and the Constitution of the State of Indiana, Article I, Section 12.
42. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. Sections 1331 and 1343.
43. This Court has personal jurisdiction over the defendants because the relevant actions taken by these defendants occurred within the State of Indiana.
44. This Court has supplemental jurisdiction over the state law claims under 28 U.S.C. 1367.
45. Venue is proper in this Court as Defendants reside in this judicial district and the claims arose in this judicial district.

STATEMENT OF FACTS

The Patinkin - Szatkowski Partnership

46. On 14 February 2005, Patinkin and Szatkowski entered into two (2) signed partnership agreements for the purposes of purchasing and maintaining two (2) student rental properties in the City.
47. Subsequently, the partnership purchased rental properties located at 414 E. 1^st Street and 816 E. 2^nd Street in the City.
48. The business relationship between Patinkin and Szatkowski deteriorated when Szatkowski failed to (a) make requisite capital contributions; and (b) to transfer the deeds for these properties to the partnership.
49. Szatkowski threatened to sell their properties in the open market without Patinkin’s consent. When Patinkin complained, Szatkowski referred to him as “jewish.” A copy of Szatkowski’s e – mail message is attached as Exhibit A and made part of this Complaint.
50. When it became apparent that the 816 E. 2^nd Street property required major improvements following their purchase, Szatkowski referred to the property as “jewish.” A copy of Szatkowski’s e – mail message is attached as Exhibit B and made part of this Complaint.
51. On or about 21 June 2005, Patinkin purchased 816 E. 2^nd Street from Szatkowski.
52. The 414 E. 1^st Street property remains in Szatkowski’s name with Patinkin as property manager and landlord.
53. On 22 July 2005, Patinkin filed Patinkin v. Szatkowski in the Monroe Circuit Court of the State of Indiana for breach of contract pertaining to 414 E. 1^st Street.

Beggs, Szatkowski and Walker’s Judicial and Extra – Judicial Activities

54. On or about 22 September 2005, Moshe Berman (“Berman”), Ryan Dumas (“Dumas”) and Tom Byrd (“Byrd”) were Patinkin’s student lessees at the 414 E. 1^st Street property.
55. On or about 22 September 2005, Beggs wrote to Patinkin’s student lessees at the 414 E. 1^st Street property indicating that Patinkin was not the property manager, and instructed the student lessees to pay their rent to Szatkowski. This letter is attached hereto as Exhibit C and made part of this Complaint.
56. On or about February 2006, the Honorable Mary Ellen Diekhoff, the Judge presiding in the Patinkin v. Szatkowski case, issued an order (“Diekhoff Order”) that preserved Patinkin’s role as landlord and property manager for the property located at 414 E. 1^st Street.
57. On or about 15 August 2006, Ryan Rieff (“Rieff”), Bryan Haney (“Haney”) and Robert Tokars (“Tokars”) began the school semester at IUB as Patinkin’s student lessees at the 414 E. 1^st Street property.
58. Upon information and belief, Szatkowski has listed 414 E. 1^st Street for sale with Walker as the real estate agent.
59. Upon information and belief, Walker showed Rieff, Haney and Tokars possible housing for them to occupy if they would move out in violation of their lease with Patinkin.
60. On or about 27 December 2006, while the Diekhoff Order was in effect, Beggs wrote to Rieff, Haney and Tokars requiring that they must vacate or face eviction. The letter is attached hereto as Exhibit D and made part of this Complaint.
61. On or about January 2007, Beggs drafted an agreement (“Beggs Release”) while the Diekhoff Order was in effect. The Beggs Release alleged that: (a) the student lessees entered the lease with Patinkin with the understanding they could violate Title 20 by allowing more than three people to live there, (b) that Szatkowski would have no objection to the tenants vacating the leased premises, and (c) that Szatkowski would not institute eviction proceedings if the student lessees vacated the premises on or before January 17, 2007. A copy of the Beggs Release is attached hereto as Exhibit E and made part of this Complaint.
62. Upon information and belief, Walker made repeated attempts to have Rieff, Haney and Tokars to sign the Beggs Release.
63. SLS advised the student lessees to sign the Beggs Release. A copy of the e – mail message sent by SLS is attached hereto as Exhibit F and made part of this Complaint.
64. Upon information and belief, on or about 02 February 2007, Szatkowski appeared at 414 E. 1^st Street in an attempt to get the student lessees to sign the Beggs Release and vacate the house.
65. Rieff, Haney and Tokars have held steadfast in their position regarding their assertion that they have never over – occupied 414 E. 1^st Street in violation of Title 20 as of the filing of this case. A copy of Rieff’s Motion in a related legal proceeding is attached hereto as Exhibit G and made part of this Complaint
66. On or about March 2007, Beggs filed an eviction lawsuit against the 2006 – 2007 student lessees of 414 E. 1^st Street, Szatkowski v. Rieff et al.(Cause No. 53C 04 0702 SC 00895), despite the fact that Szatkowski is not a party to the lease and the student lessees were performing their obligations under the existing valid lease.
67. Beggs filed the suit, Szatkowski v. Rieff et al. without providing a notice of the filing of the lawsuit to the Honorable Mary Ellen Diekhoff, the presiding Judge in the case of Patinkin v. Szatkowski.

Mulvihill’s Harassment and Bowlen’s Anti – Semitism (414 E. 1^st Street & 816 E. 2^nd Street)

68. Patinkin manages the properties located at 414 E. 1^st Street and 816 E. 2^nd Street.
69. On or about 15 August 2005, Berman, Dumas and Byrd moved into 414 E. 1^st Street.
70. On or about 15 September 2005, Adam Mikos (“Mikos”) and Ankit Bhargava (“Bhargava”) moved into 816 E. 2^nd Street.
71. The City claimed that Dumas, Berman, Byrd, Mikos and Bhargava all lived together at 414 E. 1^st Street and initiated the use of Title 20 enforcement tactics.
72. On or about 13 October 2005, NCO Bowlen submitted a memorandum to HAND Director Johnson indicating that the 414 E. 1^st Street property was over – occupied because he allegedly conducted a interview with Patinkin’s student lessees. A copy of Bowlen’s memo and the alleged interview is attached hereto as Exhibit H and is made part of this Complaint.
73. Berman, Dumas and Byrd have denied participating in any type of interview with Bowlen. A copy of Berman’s affidavit is attached hereto as Exhibit I and is made part of this Complaint. Dumas and Byrd submitted similar affidavits.
74. There is no evidence of any tenant interview having taken place on 05 October 2005 at 414 E. 1^st Street in the official records. A copy of official HAND file #8062 is attached hereto as Exhibit J and made part of this Complaint.
75. Upon information and belief, Bowlen did not perform an inspection at 414 E. 1^st Street until on or about 28 October 2005, during a cycle inspection with Patinkin.
76. This first inspection on or about 28 October 2005 of 414 E. 1^st Street is where Bowlen made derogatory comments to Patinkin in the presence of his fiancée, Pamela Koszut (“Koszut”), and subsequently muttered “F------ Jews” as he exited the home. A copy of Koszut’s affidavit attesting to the derogatory behavior by Bowlen is attached hereto as Exhibit K and is made part of this Complaint.
77. On or about 28 October 2005, City Attorney Mulvihill wrote to Dumas, Berman, Byrd and Patinkin indicating that the 414 E. 1^st property was over – occupied in violation of Title 20. A copy of this letter is attached hereto as Exhibit L and made part of this Complaint.
78. On or about 07 November 2005, Berman, Dumas and Byrd sent a letter to City Attorney Mulvihill stating that they were not over – occupying the property and that they had never spoken to Bowlen. A copy of this letter is attached hereto as Exhibit M and is made part of this Complaint.
79. On or about 16 November 2005, Mulvihill wrote back to the student lessees, copying Mikos and Bhargava, declaring that their letter did not constitute sufficient proof of compliance with Title 20, citing the alleged tenant interview conducted by Bowlen with Berman, Dumas, Byrd and Bhargava. A copy of this letter is attached hereto as Exhibit N and made part of this Complaint.
80. Around the same time, leases were also provided to the City showing that Berman, Dumas and Byrd resided at 414 E.1^st Street, and Mikos and Bhargava resided at 816 E. 2^nd Street.
81. On or about 30 November 2005, Berman, Dumas and Byrd sent a second letter to City Attorney Mulvihill stating that they were not over – occupying and have never spoken to or met Bowlen in response to a 16 November 2005 letter sent by Mulvihill. A copy of this letter is attached hereto as Exhibit O and is made part of this Complaint.
82. On or about 01 December 2005, in an e – mail message to 414 E. 1^st Street neighbor K. Gutowsky, Mulvihill indicated that Mikos and Bhargava lived at 816 E. 2^nd Street and it appeared that there was no over – occupancy in violation of Title 20. These statements are attached hereto as Exhibit P and made part of this Complaint.
83. On or about 09 December 2005, Mulvihill reversed her stance by writing a letter to the 414 E. 1^st Street student lessees stating that: (a) the leases of 414E. 1^st Street and 816 E. 2^nd Street were fictitious, (b) Patinkin had declared that Mikos and Bhargava did not reside at 816 E. 2^nd Street, and (c) the City was “extremely displeased”. The letter additionally threatened fines and legal action for the alleged over - occupancy. A copy of this letter is attached hereto as Exhibit Q and made part of this Complaint.
84. On or about 26 January 2006, Berman, Dumas and Byrd submitted affidavits stating that they had never spoken to Bowlen and that only Berman, Dumas and Byrd lived at 414 E. 1^st Street. Dumas and Byrd submitted similar affidavits. (See Exhibit I)
85. On or about January 2006, Mikos and Bhargava submitted affidavits stating that they were living at the 816 E. 2^nd Street property.
86. On or about 22 March 2006, Assistant City Attorney Liu sought a payment of $2,500.00 from Patinkin to settle alleged Title 20 violations at 414 E. 1^st Street. A copy of this letter is attached hereto as Exhibit R and made part of this Complaint.
87. On or about 28 October 2005, Bowlen also conducted his initial inspection of the property at 816 E. 2^nd Street. Bowlen thereafter submitted an affidavit that Patinkin told him that Patinkin and Koszut resided at 816 E. 2^nd Street. A copy of Bowlen’s affidavit is attached hereto as Exhibit S and made part of this Complaint.
88. On or about 28 October 2005, Koszut resided at 5539 W. Cullom in Chicago, Illinois and worked for the law firm of Katz, Friedman in Chicago while attending DePaul College of Law also located in Chicago. (See Exhibit K)
89. On or about 28 October 2005, Patinkin maintained two (2) residences: one residence was at 319 E. 12^th Street in Bloomington, Indiana and the other with his brother at 1227 W. Wellington in Chicago, Illinois.
90. On or about March 2006, NCO Jack told Patinkin: “We don’t like your kind around here” during a visit to the property located at 816 E. 2^nd Street.

City Investigates Bowlen

91. On or about 24 March 2006, Patinkin notified the City’s Human Rights Attorney McKinney about Bowlen’s derogatory behavior and Mulvihill’s unsubstantiated allegations of Title 20 violations and related harassment. A copy of Patinkin’s e – mail message to McKinney is attached hereto as Exhibit T and made part of this Complaint.
92. On or about 24 March 2006, Patinkin forwarded the above – mentioned e – mail to Mayor Kruzan and requested a meeting to discuss the relevant situation. A copy of Patinkin’s e – mail message to Mayor Kruzan is attached hereto as Exhibit U and made part of this Complaint.
93. On or about 18 April 2006, McKinney, City Director of Employee Services Grundmann, Rabbi Sue Laikin Shifron (“ Rabbi Shifron”) and Patinkin met in City offices to discuss the issues raised by Patinkin.
94. Upon information and belief, Mayor Kruzan appointed McKinney and Grundmann to investigate Patinkin’s grievances.
95. Upon information and belief, McKinney and Grundmann did conduct an investigation and concluded the investigation by determining that the City would have their NCOs attend an upcoming seminar on how better to deal with the public. A copy of McKinney’s letter to Patinkin dated 01 May 2006 concluding the investigation is attached hereto as Exhibit V and made part of this Complaint.
96. Patinkin and Rabbi Shifron requested information about how the investigation was conducted. McKinney refused to provide any information citing the privacy rights of Bowlen.
97. Upon information and belief, Bowlen continues to work as a NCO for the City as of the filing of this case.

New school semester - new student lessees

98. On or about 15 August 2006, Berman, Dumas and Byrd moved out of 414 E. 1^st Street and Ryan Rieff (“Rieff”), Bryan Haney (“Haney”) and Robert Tokars (“Tokars”) moved into 414 E. 1^st Street.
99. On or about 15 August 2006, Mikos and Bhargava moved out of 816 E. 2^nd Street and Stephany Goldzband (“Goldzband”), Neha Sharma (“Sharma”) and Jessica Leary (“Leary”) moved into 816 E. 2^nd Street.
100. On or about 15 August 2006, Eric Quebbeman (“Quebbeman”), Brian Faires (“Faires”) and Chris Lott (“Lott”) moved into Patinkin’s student rental property located at 709 South Anita.
101. On or about 15 August 2006, Evan Gerard (“Gerard”), Ben Kreinbrink (“Kreinbrink”) and James Stucky (“Stucky”) were scheduled to move into Patinkin’s student rental property located at 319 E. 12^th Street. The student lessees did not move in because they did not submit their required security deposit.
102. These student lessees have experienced unannounced late night police visits and the City’s continuing threats of fines and legal action for alleged violations of Title 20.

414 E. 1^st Street

A New Tactic: Unannounced Late Night Police Visits

103. Upon information and belief, Liu wrote letters and sent e – mail messages to Patinkin and to Patinkin’s student lessees at 414 E. 1^st Street threatening legal action for alleged Title 20 violations.
104. On or about 05 December 2006, Lieutenant Anthony Pope (“Officer Pope”) made an unannounced late night visit to 414 E. 1^st Street to investigate for alleged Title 20 violations.
105. K. Robling, Corporation Counsel for the City, instructed Officer Pope to make the unannounced late night visit to 414 E. 1^st Street. A copy of the Police Department Case Report is attached as Exhibit W and made part of this Complaint.
106. Upon information and belief, the unannounced late night visit by the Police frightened and intimidated the student lessees.
107. Officer Pope informed the student lessees that “jail time” was possible in relation to these alleged Title 20 violations.
108. Upon information and belief, Officer Pope entered the home uninvited and proceeded to sit in the living room for a period of time demanding the names of the “over – occupying tenants”. Rieff, Haney and Tokars denied any violation and did not provide any names.
109. On or about 12 December 2006, Liu wrote to Rieff in regards to the unannounced late night Police visit: “The City is currently undetermined as to whether or not it will inform the Dean of Students at Indiana University”. A copy of this letter is attached hereto as Exhibit X and made part of this Complaint.

Discriminatory Treatment by City

110. Upon information and belief, Mulvihill and the City were aware that Szatkowski was the deed holder of 414 E. 1^st Street and of the Patinkin v. Szatkowski case during the time Patinkin and his student lessees were threatened with fines and legal action for alleged Title 20 violations. A copy of Mulvihill’s hand written notes from a meeting in December 2005 with Patinkin and his attorney is attached hereto as Exhibit Y and made part of this Complaint.
111. Upon information and belief, Szatkowski was not threatened with fines and legal action until on or about December 2006 when the City decided to pursue litigation against Patinkin for alleged violations of Title 20.
112. When Patinkin expressed concerns that his student lessees were being unjustly harassed, Robling responded in part:

“Please be advised that Ms. Liu, my Assistant City Attorney in charge of enforcement actions, has not threatened your tenants in any manner. Any action that she has taken to date, she has taken at my direction.”

A copy of this e – mail message is attached hereto as Exhibit Z and made part of this Complaint.

113. On or about 15 December 2006, Patinkin again sought the assistance of Mayor Kruzan to help him address the issues he and his student lessees were having with the City. A copy of the e – mail message is attached hereto as Exhibit A1 and made part of this Complaint.
114. Patinkin has not received a response from Mayor Kruzan as of the filing of this case.

SLS Becomes Involved

115. On or about January 2007, the City filed a lawsuit, City v. Rieff et al. (Cause No. 53C 08 0701 OV 00049), against Rieff, Haney and Tokars for alleged violations of the Title 20 Zoning Ordinance.
116. Shortly after being served with the City lawsuit, the student lessees completed an Intake Form in the offices of SLS, the legal clinic which provides legal representation to IUB students.
117. Stacee Evans (“Evans”), SLS Staff Attorney, subsequently took on the representation of Rieff, Haney and Tokars.
118. During one of their first meetings at the offices of SLS, the Department Secretary, Dorothye Robling, relative of K. Robling, told the student lessees:

“Just bring us everything you can on [Patinkin]. What is good for the City is good for you”.

119. SLS subsequently “strongly advised” the tenants to sign the Beggs Release. (See Exhibit F)
120. Rieff, Haney and Tokars have repeatedly denied over – occupying the property at 414 E. 1^st Street. (See Exhibit G)
121. SLS corresponded a second time with the student lessees that in part informed the students to provide additional identities of alleged over – occupiers or expect SLS to withdraw from representation. The e – mail message is attached hereto as Exhibit B1 and made part of this Complaint.
122. Rieff, Haney and Tokars denied over – occupying the property and did not provide the alleged over – occupier’s identities.
123. Upon information and belief, SLS soon thereafter withdrew its legal representation of the student lessees.
124. Rieff, Haney and Tokars have continued to deny that they violated Title 20 by over – occupying the property at 414 E. 1^st street.

709 South Anita

Another Unannounced Late Night Police Visit

125. On or about 15 August 2006, Quebbeman and Lott signed a move – in inspection agreement accepting the condition of the property.
126. On or about 05 December 2006, Officer Pope made an unannounced late night visit to 709 South Anita Street to investigate alleged over – occupancy violations at the request of City Corporation Counsel K. Robling. A copy of the Bloomington Police Department Case Report is attached hereto as Exhibit C1 and made part of this Complaint.
127. Upon information and belief, shortly after Officer Pope’s visit, the student lessees sought and located alternate and less expensive housing.
128. Upon information and belief, the student lessees contacted SLS.
129. SLS advised Quebbeman, Faires and Lott to enter plea agreements with the City stating that: 1) they over – occupied the property, and 2) that the living conditions were uninhabitable. The agreement further stated that the City would reduce the total fine by ninety - five (95%) percent. A copy of the Plea Agreement signed by Lott is attached hereto as Exhibit D1 and made part of this Complaint.
130. In addition, on or about 14 December 2006, Rabah Rahil (“Rahil”) identified himself as a tenant of 709 S. Anita and requested an inspection of the property.
131. Rahil’s address during the period he claimed he was living at 709 S. Anita was 2711 E. 10^th Street as confirmed at the IUB Registrar’s Office. A copy of the IUB Registrar’s contemporaneous record for Rahil is attached hereto as Exhibit E1 and made part of this Complaint.
132. Patinkin only learned of Rahil on or about December 2006.
133. Quebbeman, Faires and Lott signed the City plea agreements and moved out of the 709 S. Anita property on or about 15 December 2006 in violation of their lease with Patinkin.
134. Patinkin was able to re – rent the property effective 15 January 2007 for six hundred ($600) dollars less per month than the rent contractually agreed by Quebbeman, Faires and Lott.

The City and SLS Abuse Title 20

816 E. 2^nd Street

135. On or about 16 August 2006, Goldzband, Sharma and Leary moved into Patinkin’s rental property at 816 E. 2^nd Street.
136. Southern stopped to talk to the new student lessees and advised them to go to SLS if they wanted to get out of their lease with Patinkin. A copy of Southern’s e – mail message is attached hereto as Exhibit F1 and made part of this Complaint.
137. On or about 17 August 2006, an alleged fourth tenant, Megan Cangelosi (“Cangelosi”), met with NCO Jack to complain about the living conditions at 816 E. 2^nd Street. A copy of the Request Order signed by Cangelosi and received by Jack is attached hereto as Exhibit G1 and made part of this Complaint.
138. On or about 17 August 2006, Jack performed a complaint inspection of 816 E. 2^nd Street. Defects were recorded by Jack that were not noted in a subsequent move – in inspection signed by Sharma three (3) days later.
139. On or about 20 August 2006, Sharma completed a walk – through inspection, accepting the condition of the property. A copy of the signature page of the walk – through inspection is attached hereto as Exhibit H1 and made part of this Complaint.
140. Upon information and belief, around this time period, the student lessees located alternate and less expensive housing and were informed that SLS could help them get out of the lease with Patinkin.
141. Upon information and belief, SLS advised the student lessees and Cangelosi to assert that: 1) they over – occupied the property in violation of Title 20, and 2) that the living conditions were uninhabitable.
142. On or about the dates of 19 August 2006 and 22 August 2006, respectively, Goldzband and Leary placed stops on their rental checks to Patinkin. Copies of these checks are attached hereto as Exhibit I1 and made part of this Complaint.
143. On or about 24 August 2006, SLS wrote to Patinkin informing him that SLS represented the student lessees and Cangelosi and that Patinkin should return the student lessees security deposit in part because there was a violation of Title 20. The correspondence further stated that Patinkin was violating the law by allowing four (4) residents to live there. A copy of SLS’s e – mail message is attached hereto as Exhibit J1 and made part of this Complaint.
144. Patinkin entered into a lease with Goldzband, Sharma and Leary and was not aware that Cangelosi allegedly resided at 816 E. 2^nd Street.
145. Patinkin responded by denying any knowledge of alleged Title 20 violations and detailed his attempts to address concerns the student lessees had. A copy of Patinkin’s e – mail message is attached hereto as Exhibit K1 and made part of this Complaint.
146. The City Planning Department had approved an occupancy load of four (4) unrelated adults in 1998, prior to Patinkin owning the property. A copy of official findings are attached hereto as Exhibit L1 and made part of this Complaint.
147. Goldzband, Leary and Sharma subsequently vacated the premises on or about 30 August 2006.
148. Despite diligent efforts, Patinkin has been unable to re – rent 816 E. 2^nd Street.

319 E. 12^th Street

149. On or about 15 August 2006, Gerard, Kreinbrink and Stucky were scheduled to move into Patinkin’s student rental property located at 319 E. 12^th Street.
150. The student lessees did not move in because they failed to submit the total funds required to move in.
151. Upon information and belief, Gerard, Kreinbrink and Stucky became aware of alternate and less expensive housing.
152. Upon information and belief, on or about 15 August 2006, the student lessees moved into 403 S. Jordan Avenue in the City instead of honoring the lease they signed with Patinkin.
153. Upon information and belief Gerard, Kreinbrink and Stucky went to the SLS offices to ask for assistance in breaking their lease with Patinkin.
154. Upon information and belief, SLS advised Gerard, Kreinbrink and Stucky to meet with NCO Jack and state that: 1) they over – occupied the property in violation of Title 20, and 2) that the living conditions were uninhabitable.
155. NCO Jack did meet with a student lessee and indicated to him that he would be violating Title 20 if five unrelated adults were intending to reside at 319 E. 12^th Street. A copy of NCO Jack’s “Interdepartment Memo” from this meeting is attached hereto as Exhibit M1 and made part of this Complaint.
156. The zoning for 319 E. 12^th Street allows an occupancy load of five (5) unrelated adults. A copy of the Certificate of Nonconforming Use is attached hereto as Exhibit N1 and made part of this Complaint.
157. Despite diligent efforts, Patinkin has been unable to re – rent 319 E. 12^th Street.

The Manipulation of Neighbor Sentiment

158. In the summer of 2006, City Attorneys Mulvihill and Liu had numerous communications with permanent residents who lived near Patinkin’s student rental properties.
159. On or about 19 June 2006, Mulvihill stated that she thought it would be a good idea to meet with permanent resident Southern to discuss the alleged Title 20 violations by Patinkin and his student lessees. Mulvihill stated:

“Jenny, I copied Sarah Liu on this e – mail. Sarah is one of the new City attorneys and she is actually taking over the over – occupancy caseload…. We think a lunch meeting would be most cost effective; this way no [one] has to starve the rest of the day…. Thanks, Patty.”

A copy of Mulvihill’s e – mail message is attached hereto as Exhibit O1 and made

part of this Complaint.

160. In earlier e-mail, Southern represented to several individuals that

Patinkin was not honest in his student rental business. (See Exhibit F1)

161. K. Gutowsky, who lives next door to the 414 E. 1^st Street property, wrote on a webblog in regards to Patinkin, on or about 01 December 2006:

“It’s time to stop the decay and save Bloomington from shameless, greedy, out – of – town landlords”.

162. The student lessees at 414 E. 1^st Street were aware of K. Gutowsky and her husband Chris Gutowsky (”C. Gutowsky”) from prior experiences.
163. For example, on or about 28 October 2005, a loud pounding on the front door by C Gutowsky awakened student lessee Berman. When he opened the door Berman noticed that the front wooden panel on the door was kicked in. (See Exhibit I)
164. C. Gutowsky subsequently demanded that a car be moved. Student lessee Byrd went outside and moved the car. C. Gutowsky then told Berman that he and his roommates were going to be kicked out of their home by the City.
165. On or about 07 December 2005, K. Gutowsky walked through the front door of 414 E. 1^st Street and asked Berman if he was Adam (Adam Mikos – City alleged 414 E. 1^st Street over – occupier that resided at 816 E. 2^nd Street). Berman responded that he was not Adam and K. Gutowsky then requested that a car be moved. (See Exhibit I)
166. On or about 21 November 2006, Assistant City Attorney Sarah Webber - Liu wrote to Southern:

“Jenny – are you acquainted with Theodore Miller? [Mr. Miller is a neighbor of 414 E. 1^st Street]. I would like to get him to come in and sign an affidavit regarding over occupancy at 414 E. 1^st Street, but am having a hard time getting him on the phone…. Thank you SO much, S.”

A copy of this e – mail message from Liu is attached hereto as Exhibit P1 and made part of this Complaint.

167. Later that day, K. Gutowsky responded to Southern:

“Jenny, here is Ted’s e – mail address…. I put a print out of this e – mail on his doorstep”.

A copy of this e – mail message from K. Gutowsky is attached hereto as

Exhibit Q1 and made part of this Complaint.

168. On or about 18 November 2006, Southern wrote to Liu:

“…. As for Seth [Patinkin], I noticed that his property on 414 1st has had trash bags in the front yard for the last 2 weeks – care to sic HAND on them?”

A copy of this e – mail message from Southern is attached hereto as Exhibit R1

and made part of this Complaint.

169. Since on or about August 2005, the City has been responsible for initiating forty – one (41) unannounced visits to Patinkin’s student rental properties on the pretext to check for alleged ordinance violations.
170. Since on or about August 2005, the City has been responsible for issuing approximately seventy – eight (78) citations regarding Patinkin’s student rental properties for alleged ordinance violations.

COUNT I

Violation of Due Process and Equal Protection of the Fourteenth Amendment against City of Bloomington, Mayor Kruzan, Bowlen, Jack, K. Robling, McKinney, Grundmann, Johnson, Abbott, Mulvihill & Liu

171. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
172. Count I defendants utilized the Title 20 Ordinance as a pretext to intimidate and harass Patinkin which violated his rights to due process and to equal protection of the laws guaranteed by the Fourteenth Amendment to the United States.
173. Count I defendants enforced the Title 20 Ordinance in a discriminatory fashion against Patinkin by unjustly targeting Patinkin and his student lessees.
174. Count I defendants did not adequately address Patinkin’s repeated pleas to investigate and stop the unequal treatment he was receiving under the law and therefore deprived him of the equal protection of the laws.

WHEREFORE, Patinkin requests the following relief against the Count I defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count I defendants misuse of Title 20 deprived Patinkin of “his property rights without due process of law;”

B. Issue a declaratory judgment that the Count I defendants misuse of Title 20 and negligent investigations denied Patinkin the “equal protection of the laws;”

C. Award Patinkin judgment against each of the Count I defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

D. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

E. Grant such other and further relief as deemed appropriate by the Court.

COUNT II

Violation of 42 U.S.C. Section 1981 (Equal Rights under the Law) against City of Bloomington, Bowlen, Jack, K. Robling, McKinney, Mulvihill, Liu, IUB, Evans, Southern, RE/MAX, Walker, Beggs & Szatkowski

175. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
176. Count II defendants utilized the Title 20 Ordinance to discriminate against Patinkin, based in whole, or in part, because he is Jewish.
177. Count II defendants violated Patinkin’s civil rights by their practice and policy of using Title 20 to interfere with his right to make and enjoy the benefits of making contracts with student tenants.

WHEREFORE, Patinkin requests the following relief against the Count II defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count II defendants’ misuse of Title 20 denied Patinkin the “same right… To make and enforce contracts… as is enjoyed by white citizens” as provided by 42 U.S.C. Section 1981;

B. Issue a declaratory judgment that the Count II defendants were “acting under color of State law” when they misused Title 20 to deny Patinkin’s civil rights;

C. Issue a declaratory judgment that Count II defendants repeated misuse of Title 20 amounted to a City policy or custom;

D. Award Patinkin judgment against each of the Count II defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

E. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

F. Grant such other and further relief as deemed appropriate by the Court.

COUNT III

Violation of 42 U.S.C. Section 1982 (Property Rights of Citizens) against City of Bloomington, Bowlen, Jack, K. Robling, Mulvihill, Liu, IUB, Evans,

Southern, RE/MAX, Walker, Beggs & Szatkowski

178. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
179. Count III defendants utilized the Title 20 Ordinance to discriminate against Patinkin, based in whole, or in part, because he is Jewish.
180. Count III defendants’ violated Patinkin’s civil rights by their practice and policy of using Title 20 to interfere with his right to lease his student rental properties;

WHEREFORE, Patinkin requests the following relief against the Count III defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count III defendants’ misuse of Title 20 denied Patinkin the “same right… as enjoyed by white citizens to… lease… real and personal property” as provided by 42 U.S.C. Section 1982;

B. Issue a declaratory judgment that Count III defendants repeated misuse of Title 20 amounted to a City policy or custom;

C. Award Patinkin judgment against each of the Count III defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

D. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

E. Grant such other and further relief as deemed appropriate by the Court.

COUNT IV

Violation of 42 Section U.S.C. 1983 (Civil Action for Deprivation of Rights) against City of Bloomington, Mayor Kruzan, Bowlen, Jack, McKinney, Grundmann, Johnson, Abbott, K. Robling, Mulvihill, Liu, IUB, Evans, Southern, RE/MAX, Walker, Beggs & Szatkowski

181. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
182. Count IV defendants cooperated and engaged in a course of action by using Title 20 as a pretext to prevent Patinkin from exercising his rights as a property owner.
183. Count IV defendants, under color of Title 20, deprived Patinkin of his rights, privileges and immunities as an owner, property manager and landlord of student rental properties.

WHEREFORE, Patinkin requests the following relief against the Count IV defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count IV defendants acted under color of Title 20 in their attempts to harm Patinkin’s student rental business;

B. Issue a declaratory judgment that the Count IV defendants’ misuse of Title 20 caused Patinkin to be “subjected to the deprivation of rights, privileges or immunities secured by the Constitution and laws” in violation of 42 U.S.C. Section 1983;

C. Issue a declaratory judgment that Count IV defendants’ actions did in fact harm Patinkin;

D. Award Patinkin judgment against each of the Count IV defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

E. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

F. Grant such other and further relief as deemed appropriate by the Court.

Count V

Violation of 42 U.S.C. 1985 (Conspiracy to Interfere with Civil Rights)

against all Defendants

184. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
185. Count V defendants engaged in a coordinated effort to harm Patinkin’s student rental property business by alleging Title 20 violations and by threatening potential fines and legal action against Patinkin and his student lessees.

WHEREFORE, Patinkin requests the following relief against the Count V defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count V defendants conspired to harm Patinkin’s student rental property business;

B. Issue a declaratory judgment that the conspiracy caused Patinkin to be deprived of “ the equal protection of the laws, or of equal privileges and immunities under the laws ” secured by the Constitution and laws;

C. Issue a declaratory judgment that the Count V defendants “ engaged therein… or caused to be done… acts in furtherance” of the conspiracy;

D. Award Patinkin judgment against each of the Count V defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

E. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

F. Grant such other and further relief as deemed appropriate by the Court.

Count VI

Negligence against City of Bloomington, Mayor Kruzan, Bowlen, Jack, K. Robling,

McKinney, Grundmann, Johnson, Abbott, Mulvihill & Liu

186. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
187. Count VI defendants’ actions and statements to Patinkin and his student lessees violated their duty to serve the public.
188. Count VI defendants’ breach of their duties caused Patinkin to suffer harm by the resulting violation if his civil rights and the resulting injuries to his reputation and business interests in Bloomington.

WHEREFORE, Patinkin requests the following relief against the Count VI defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count VI defendants had a duty to Patinkin to perform their employment responsibilities in regards to their interactions and relationship with Patinkin;

B. Issue a declaratory judgment that the Count VI defendants acts and omissions as described in this complaint have breached their professional duties as agents and employees of the City of Bloomington;

C. Issue a declaratory judgment that the Count VI defendants acts and omissions described in this complaint were the proximate cause of Patinkin’s damages;

D. Issue a declaratory judgment that the Count VI defendants acts and omissions as described in this complaint did in fact cause Patinkin damages;

E. Award Patinkin judgment against each of the Count VI defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial; and,

F. Grant such other and further relief as deemed appropriate by the Court.

Count VII

Tortious Interference with Contractual Relationships against City of Bloomington, K. Robling, Mulvihill, Liu, Beggs, Szatkowski, IUB, Evans, Southern, RE/MAX & Walker

189. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
190. Patinkin has legal, valid contracts with numerous student lessees that the Count VII defendants interfered with by encouraging the students to vacate their respective properties in violation of these valid leases.
191. Count VII defendants have interfered with these valid contracts by encouraging Patinkin’s student lessees to not pay rents to Patinkin.
192. Count VII defendants have improperly informed Patinkin’s student lessees of over – occupancy regulations in regards to two (2) of Patinkin’s four (4) rental properties.

WHEREFORE, Patinkin requests the following relief against the Count VII defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count VII defendants interfered with Patinkin’s lease agreements;

B. Issue a declaratory judgment that the Count VII defendants caused pecuniary harm to Patinkin;

C. Award Patinkin judgment against each of the Count VII defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial; and,

D. Grant such other and further relief as deemed appropriate by the Court.

Count VIII

Violation of Indiana Constitution – Article I, Section 12 against City of Bloomington, Mayor Kruzan, Bowlen, Jack, K. Robling, McKinney, Grundmann, Johnson, Abbott, Mulvihill, Liu, IUB, Evans, Southern, RE/MAX, Walker, Beggs & Szatkowski

193. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
194. Count VIII defendants interfered with Patinkin’s rights and privileges secured by the Constitution of the State of Indiana in violation of Article 1, Section 12, which provides that “every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law.”

WHEREFORE, Patinkin requests the following relief against the Count VII defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment that the Count VIII defendants acts and omissions caused injury to Patinkin’s student rental property business;

B. Issue a declaratory judgment that the Count VIII defendants acts and omissions caused injury to Patinkin’s reputation;

C. Award Patinkin judgment against each of the Count VIII defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

D. Award Patinkin the costs of this action together with reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988; and,

E. Grant such other and further relief as deemed appropriate by the Court.

Count IX

Miscellaneous Claims against John Does 1 through 10

195. Patinkin repeats each and every allegation set forth in the preceding paragraphs as if such allegations were specifically set forth herein at length.
196. Upon information and belief, at all times instant to this matter, Defendants John Does 1 through 10 were City officials and members of the community, the identities of which are not presently known to Patinkin, who were related to and/or involved with one or more of the named Defendants in the activities more fully described in the complaint or were independently involved in those activities.
197. In order to effectively assert and preserve any claims which it may have against parties whose identities are not presently known, Patinkin includes this count in his complaint, subject to appropriate amendment if, as when the identity of other culpable parties may become known to him.

WHEREFORE, Patinkin requests the following relief against the Count VII defendants, each in their official and individual capacities and pray that the Court:

A. Issue a declaratory judgment with respect to the Count IX defendants;

B. Award Patinkin judgment against each of the Count IX defendants, jointly and severally, for actual compensatory damages in an amount to be determined at trial;

C. Award costs, expenses and reasonable attorneys fees, if appropriate; and,

D. Grant such other and further relief as deemed appropriate by the Court.

DEMAND FOR TRIAL BY JURY

Patinkin hereby requests a trial by jury on all issues so triable.

Respectfully Submitted,

Joe Frankus

228 South Wabash Avenue

Suite 330

Chicago, Illinois 60604

(312) 399 – 2337

Attorney No. 6289505

Attorney for Plaintiff

by: /s/__________________ ____________

Dated: 16 April 2007

A. Email message from Szatkowski to Patinkin dated 14 June 2005

B. Email message from Szatkowski to Patinkin dated 21 February 2005

C. Copy of Beggs Letter of 22 September 2005

D. Copy of Beggs Letter of 27 December 2006

E. Copy of Beggs Release of February 2007

F. Email from SLS conveyed to Patinkin by Rieff on 05 February 2007

G. Motion Filed by Rieff in Eviction Lawsuit

H. Memorandum from Bowlen to Susie Johnson dated 13 October 2005

I. Affidavit of Berman dated 26 January 2006

J. Official HAND File #8062 for 414 E. 1st Street

K. Affidavit of Koszut dated 07 February 2007

L. Letter from Mulvihill to Dumas, Berman, Byrd dated 28 October 2005

M. Letter from Dumas to Mulvihill dated 07 November 2005

N. Letter from Muvihill to Dumas, Berman, Byrd, Mikos, Bhargava dated 16 November 2005

O. Letter from Dumas to Mulvihill dated 30 November 2005

P. Email message from Mulvihill to K. Gutowsky dated 01 December 2005

Q. Letter from Muvihill to Dumas, Berman, Byrd, Mikos, Bhargava dated 09 December 2005

R. Letter from Liu to Syfert offering $2,500 settlement dated 22 March 2006

S. Affidavit of Bowlen dated 12 December 2007

T. Email message from Patinkin to McKinney of 24 March 2006

U. Email message from Patinkin to Mayor Kruzan of 24 March 2006

V. Letter from McKinney to Patinkin dated 01 May 2006

W. Police Report from nighttime visit to 414 E. 1^st Street

X. Copy of Letter from Liu to Rieff dated 12 December 2006

Y. Copy of Mulvihill handwritten notes dated December 2005

Z. Email message from K. Robling to Patinkin early January 2007

A1. Letter from Patinkin to Mayor Kruzan of 15 December 2006

B1. Email message from SLS conveyed to Patinkin by Rieff on 13 February 2007

C1. Police report from nightime visit to 709 S. Anita Street

D1. Copy of Lott Plea Agreement dated 26 December 2006

E1. Copy of Indiana University Registrar Records for Rahil from December 2006

F1. Letter from Southern to community dated 17 August 2006

G1. Request Order instituted by Cangelosi

H1. Copy of signature page signed by Sharma and dated 20 August 2006

I1. Copies of checks stopped by Goldzband, Leary

J1. Letter drafted by SLS sent by Goldzband to Patinkin dated 30 August 2006

K1. Email from Patinkin to Goldzband, SLS dated 30 August 2006

L1. Staff Findings for 816 E. 2nd Street from 1998

M1. Interdepartment Memorandum recorded by Inspector Jack of 15 August 2006

N1. Certificate of Nonconforming Use dated 27 January 1998

O1. Email exchange between Southern, Mulvihill, Liu, K. Robling re: meeting

P1. Email message from Liu to Southern regarding Theodore Miller

Q1. Email message from K. Gutowsky to Southern regarding Miller

R1. Email message from Southern to Liu: sic HAND on [Patinkin]

---------- Forwarded message ----------

From: Jan Szatkowski

Date: Jun 14, 2005 5:31 PM

Subject: Re: updates

To: Seth Patinkin <>

jesus and jewish louis

On 6/14/05, Jan Szatkowski wrote:

no no the jason for doteduhousing.com for rentals dude!!!

chill out!!!!!

On 6/14/05, Seth Patinkin wrote:

jan NO I am buying the houses. absolutely not.we already discussed this.

have a little patience. DO NOT LIST HOUSES I AM BUYING THEM.

On 6/14/05, Jan Szatkowski wrote:

> this whole industry is really screwed up...

>

> anyways i want to email jason tomorrow to list houses....any objections?

>

> On 6/14/05, Seth Patinkin <> wrote:

> > typical appraiser behavior! they did similar antics with 12th street

> >

> > On 6/14/05, Jan Szatkowski <> wrote:

> > > they did the appraisal over a week ago...the guy told me it would be in

> > > aday since he new the house....

> > >

> > > On 6/14/05, Seth Patinkin <> wrote:

> > > > direct one figg

> > > >

> > > > On 6/14/05, Jan Szatkowski <> wrote:

> > > > > which bank for first

> > > > > different than figg?

> > > > >

> > > > >

> > > > >

> > > > > On 6/14/05, Seth Patinkin <> wrote:

> > > > > > appriaser says he will submit report tomorrow on 1st

> > > > > >

> > > > > > new century is just waiting on VOM (verification of mortgage) for

> > > > > > my anita house in principle should be easy to get; they were waiting

> > > > > > for the chase welcome letter could not find it so the chase tax statement

> > > > > > plus bank one 2004 statement would be good.

-------- Forwarded message ----------

From: Jan Szatkowski <>

Date: Feb 21, 2005 9:27 PM

Subject: Re: inspection report [attached]

To: Seth Patinkin <>

Jesus

there are a lot of problems

maybe i should say jewish

On Mon, 21 Feb 2005 16:18:36 -0600, Seth Patinkin

<> wrote:

> 816 e. 2nd

>

>

>

STATE OF INDIANA ) IN THE MONROE CIRCUIT COURT

) SS:

COUNTY OF MONROE ) CAUSE NO: 53C 04 0702 SC 00895

)

)

JAN SZATKOWSKI, )

)

PLAINTIFF )

)

VS. )

)

RYAN T. RIEFF, ROBERT TOKARS, )

BRYAN HANEY, )

)

DEFENDANTS. )

MOTION FOR EXTENSION OF TIME AND INSPECTION OF PREMISES

Defendant Ryan T. Rieff, In Pro Se, respectfully requests (1) an extension of time be granted in which to prepare for a hearing in this matter; and (2) the City of Bloomington be ordered to inspect the premises at 414 E. 1^st Street to document the occupancy thereof by use of a videocamera, prior to an initial hearing in this matter. In support thereof, Defendant Ryan T. Rieff hereby states as follows:

1. Defendants’ receipt on 14 March 2007 of Plaintiff’s Motion For Recorded Testimony was the first occasion upon which defendants were served with notice of the filing of this lawsuit by Plaintiff. Only upon further examination did Defendant Ryan T. Rieff realize that the motion in question concerns this new eviction lawsuit, rather than one of the other lawsuits pending against the defendants;

2. The defendants are current with respect to their payment obligations under the 2006-2007 Monthly Rental Agreement for 414 E. 1^st Street;

3. Plaintiff is not party to the 2006-2007 Monthly Rental Agreement for 414 E. 1^st Street. Rather, Seth Patinkin has been defendants’ landlord and property manager at all times with respect to defendants’ leasehold at 414 E. 1^st Street which commenced on 15 August 2006;

4. Due to academic schedules and family obligations of Defendant Ryan T. Rieff during the weekend of 30 March – 01 April 2007, Defendant Ryan T. Rieff needs and respectfully request a short extension of time of thirty (30) days in which to prepare for an initial hearing in this matter;

5. Seth Patinkin has informed defendants as of 20 March 2007 that his federal counsel is currently engaged in settlement discussions with Plaintiff’s counsel, in which, among other things, this lawsuit would be dismissed;

6. This action has been filed in direct violation of an order issued by Honorable Mary Ellen Diekhoff in February 2006 in the matter Patinkin v. Szatkowski Cause No. 53C04 0507 PL 01424, which preserves the status quo with respect to the utilization and occupancy of 414 E. 1^st Street by tenants and the receipt of rent monies by defendants’ landlord, Seth Patinkin;

7. Plaintiff’s realtor, Andrew Walker from RE/MAX, has been engaged in persistent efforts to harass and intimidate the defendants for several months; including forceful efforts to cause defendants to vacate the premises under the pretext of enforcing the Title 20 Zoning Ordinance against the defendants;

8. Defendants’ landlord, Seth Patinkin, co-owns the property located at 414 E. 1^st Street with Plaintiff Jan Szatkowski according to their Property Ownership and Monthly Profit Sharing Agreement for House #1 Dated 14 February 2005 (“Partnership Agreement”);

9. As set forth in the complaint Patinkin v. Szatkowski Cause No. 53C 04 0507 PL 01424, Jan Szatkowski breached his obligations under the Partnership Agreement by (a) failing to meet capital contribution requirements; and (b) refusing to transfer deeded ownership of the property located at 414 E. 1^st Street to either of the corporate entities formed by Szatkowski and Patinkin;

10. The only interaction defendants have ever had with Plaintiff was a physical confrontation on 02 February 2007 during which time Plaintiff appeared at the property and demanded defendants’ signature on a document authored by Plaintiff’s Counsel William J. Beggs, in which defendants would be “released” from their obligations under the 2006-2007 Monthly Rental Agreement for 414 E. 1^st Street in exchange for certain certifications;

11. This eviction lawsuit has been filed under false pretenses, namely that the defendants are over-occupying the premises at 414 E. 1^st Street in violation of the Title 20 Zoning Ordinance. Defendants vigorously deny that they are over-occupying the premises and in fact have offered the right to inspect the premises to the City of Bloomington Legal Department. The Legal Department has thus far refused to inspect, stating “an inspection would not prove that [Defendants] are not over-occupying 414 E. 1^st Street”;

12. Based upon their interactions with Plaintiff’s realtor Andrew Walker from RE/MAX, Plaintiff has filed this eviction lawsuit for the improper and ulterior motive of vacating the premises solely in order to “try selling the property to a different”;

13. Tenancy by defendants at 414 E. 1^st Street is not in violation of any law;

14. Early termination by Lessor of the leasehold, as spelled out in the 2006-2007 Monthly Rental Agreement for 414 E. 1^st Street requires two (2) months advance written notice by Lessor to Lessee as follows:

[15] Termination. This Agreement and the tenancy hereby granted may be terminated at

any time by either party hereto by giving to the other party not less than two full months

prior notice in writing. Early Termination by Lessee shall result in the forfeiture of the
security deposit and responsibility for all remaining months of rent.

15. Defendants have been experiencing difficulty in finding counsel to represent them within their budget for representation in Cause No. 53C 08 0701 OV 00049. Now defendants are further burdened with the responsibility to find counsel to represent them in this matter;

16. Granting this extension of time will also afford the opportunity for the City of Bloomington to inspect the premises of 414 E. 1^st Street to confirm compliance with the Title 20 Zoning Ordinance prior to an initial hearing in this lawsuit;

17. Granting this extension of time will further afford the opportunity for Plaintiff and Defendants to settle this matter, without unnecessarily wasting of the Court’s time and attention.

WHEREFORE, Defendant Ryan T. Rieff respectfully requests: (1) a thirty (30) day extension of time in which to schedule an initial hearing in this lawsuit; and (2) that the City of Bloomington be ordered to inspect the premises at 414 E. 1^st Street to document the occupancy thereof.

_________________________________

RYAN T. RIEFF

In Pro Se

Ryan T. Rieff

414 E. 1^st Street

Bloomington, IN 47401

Tel: 812-340-4730

	from		Seth Patinkin		hide details	3/24/06
	to			mckinneb@bloomington.in.gov
	cc			Rabbi Susan Laikin Shifron
	date			Mar 24, 2006 1:18 PM
	subject			Re: anti-semitism
	mailed-by			gmail.com
Dear Barbara: Some background on me: I did my undergrad at IU, where I was a Wells Scholar and graduated in 1998. Afterwards I did my PhD work in mathematics at Princeton University, during which time I have started a number of hi-tech companies mostly based in the northeast corridor. I was named to the "30 under 30" distinguished alumni list by Indiana University in 2004: http://alumni.indiana.edu/magazine/200409/thirty.html I have been a resident of Bloomington since 1994 and started a side business of renting housing to Bloomington residents in 1998. I got into this business because of my love for Bloomington and my desire to provide a valuable service to the Bloomington community. One benefit of my rental housing venture for Bloomington is the employment I provide to general contractors and workers from Bloomington. As I expand my operations each year, I provide more and more employment to the City of Bloomington and increasing amounts of tax revenue to Monroe County and the State of Indiana. Not to mention, I have recently contemplated basing one of my software companies in Bloomington proper, which would provide more job opportunities for the mathematics, computer science, informatics and physics graduates of Indiana University. As to the problem at hand: Around the end of October an inspector from HAND by the name of Kevin Bowlen performed two cycle inspections on houses I own located at 816 E. 2nd Street and 414 E. 1st Street. During the course of his brief inspection at 816 E. 2nd Street, he told me that "my people have no business owning property in Bloomington". Upon asking him what he meant by this comment, Kevin Bowlen told me "never mind". On the same day, during the course of Kevin's brief inspection of 414 E. 1st Street to check the operation of smoke detectors in the house, he pointed to a document entitled "request for legal action" he was holding in his hand and told me "I was going to be fined a lot of money and there is nothing you Jews can do about it". After making this comment, he checked the operation of a final smoke detector in the bedroom of tenant Moshe Berman, and without alerting a sleeping Moshe Berman proceeded to sound the detector at least four times in succession. As he left the front door of the home, I heard Kevin utter under his breath "fucking jews". Now 414 E. 1st Street is a home I co-own with a defendant in a lawsuit that has been pending since July 2005: Jan P. Szatkowski. It is my belief that defendant's counsel William Beggs from Bunger Robertson has engaged in dirty tactics to try to coerce me to drop the lawsuit. See below: Beggs is friends with the next-door neighbors of 414 E. 1st Street: Chris and Kathy Gutowsky. As evidence of Begg's character, while having dinner with my girlfriend and a friend, Richard Burden, at Malibu Grill a few weeks ago, we all overheard Beggs point at Pamela (who has also provided testimony in this lawsuit) say to one of his friends "that is the bitch who testified in my case". The City of Bloomington has accused me of having the following five individuals living at 414 E. 1st Street: Adam Mikos, Ankit Bhargava, Ryan Dumas, Thomas Byrd, and Moshe Berman. I have a valid and binding lease with Mikos-Bhargava at 816 E. 2nd Street; and a second valid and binding lease with Dumas-Byrd-Berman at 414 E. 1st Street. I have provided financial records, signed and valid leases, receipts, and affidavits from all persons concerned including my girlfriend Pamela Koszut, who helps me with some of my property management when she is visiting from Chicago. The city's case is based on three items: (i) the false refutory testimony of Kevin Bowlen; (ii) the false refutory testimony of neighbors Chris and Kathy Gutowsky; (iii) the false refutory testimony of a city employee -- friend of Kevin Bowlen -- who claims to have had a telephone conversation with me in which i suggested i encourage overoccupancy. I am absolutely appalled at this shakedown campaign that the City of Bloomington is engaged in against me; particularly since their case is based on false testimony of a flagrantly anti-semitic city employee. Would like to discuss the situation with you; perhaps you can also attend a meeting with the mayor next week. I have also made contact with the ACLU and the Anti-Defamation League regarding this matter. Please call me to discuss: 312 310 9195 best regards Seth Patinkin

	from		Mark Kruzan		hide details	3/24/06
	to			Seth Patinkin
	cc			hillel@indiana.edu
	date			Mar 24, 2006 9:28 PM
	subject			Re: anti-semitism
Dear Mr. Patinkin, Thank you for your message. This account is very, very disturbing to me. I will be working with our Human Rights Attorney, Employee Services Director, Corporation Counsel, and Housing & Neighborhood Department on the case. I do want to assure you that, without a doubt, there is no "shakedown campaign" underway by the City of Bloomington. You and any other citizen deserve to be treated respectfully and fairly, and I will be directly involved to ensure that is the case. I appreciate you directly contacting me. Mark - Hide quoted text - On Mar 24, 2006, at 12:34 PM, Seth Patinkin wrote: Dear Mayor Kruzan: My secretary has contacted your office to set up a time to discuss the situation described in the email below. Rabbi Shifron has indicated that she would be available to attend a meeting next week. Please get in touch with via email or phone to arrange. Best Regards Seth Patinkin 312 310 9195 ---------- Forwarded message ---------- From: Seth Patinkin < seth.patinkin@gmail.com> Date: Mar 24, 2006 12:18 PM Subject: Re: anti-semitism To: mckinneb@bloomington.in.gov Cc: Rabbi Susan Laikin Shifron < hillel@indiana.edu> [See Exhibit T preceding]

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	from		Seth Patinkin		hide details	12/15/06
	to			mayor@bloomington.in.gov
	cc			Rabbi Susan Laikin Shifron , "Youngerman, Rebecca" , "pkoszut@pedersenhoupt.com"
	date			Dec 15, 2006 1:02 PM
	subject			Fwd: HAND telephone call
	mailed-by			gmail.com
Dear Mayor Kruzan: The problems I was having with Kevin Bowlen, Carol Jack and HAND have resurfaced this year. See the transcript of a conversation I had with the director of HAND this morning at the end of this email. I might add, the referral to Barbara McKinney and Daniel Grundmann resulted in absolutely no mitigation of the discrimination problems I have been experiencing. So far, as a direct result of the City's threatening behavior towards my tenants, two entire groups of tenants have moved out of two rental houses I own at 816 E. 2nd Street and 709 S. Anita Street. I am experiencing losses of $3,250/month as a result of these two move-outs and have been forced into legal situations as a result. With the difficulty of signing mid-year leases, I have been unable to re-rent these properties. I have current rental permits at both properties; and furthermore I have valid and binding leases at both properties with three students in each case. Furthermore, there is not a shred of evidence - financial, legal, paper - of overoccupancy in either case. My leases clearly forbid occupancy by more than three adults in all cases. More recently, the City called Alan Syfert and told him they would be assessing $23,000 in fines against me with relation to these alleged overoccupancy cases. My tenants and I are being denied our basic civil rights with respect to the way the City is handling these situations. Moreover, it appears to me that the City has been trying to "cut a deal" with various of my tenants including the 2006-2007 tenants at 816 E. 2nd Street and 709 S. Anita Street to bolster an unwarranted overoccupancy case against me. On a sicker note, City Councilman Chris Sturnbaum created a blog viewable at https://overoccupied.blogspot.com the purpose of which is to ruin my professional reputation and to strong-arm me out of the town. Sturnbaum even offered to link this blog to the City of Bloomington website. I am not going to sit back and wait for the City to scare away more of my tenants. Unfortunately, even if the City started to exercise due process, I am still losing $3,250/month as a result of its threatening behavior towards my tenants. I futher understand that Patti Mulvihill has conveyed threatening communications to my tenants at 414 E. 1st Street this year. Not to mention the Bloomington Police, at the bidding of the City, have entered the premises of 414 E. 1st Street without just cause in order to ask these tenants "whether they are overoccupying the house." Apparently, the City is really pouring its resources into shaking me out of town. Be assured, if the City causes my tenants to vacate 414 E. 1st Street, then I will be suffering an additional $2,500/month in damages as a results of the City's tortious interference in my contractual relationships with my tenants. One would think that a successful alumnus of Indiana University with a warm spot in his heart for Bloomington, who has poured significant amounts of money into improving properties in town -- into making properties more habitable -- would get a bit warmer reception than the experiences I have been having. I will now be seeking the aid of the federal courts because the City of Bloomington is trampling my civil rights. I am shocked and disappointed that despite your full knowledge of my situation, you have allowed this to happen. Sincere Regards, Seth Patinkin ---------- Forwarded message ---------- From: Seth Patinkin <seth.patinkin@gmail.com> Date: Dec 15, 2006 9:19 AM Subject: HAND telephone call To: Pamela Koszut <pamelamarie@gmail.com>, "pkoszut@pedersenhoupt.com" <pkoszut@pedersenhoupt.com> - Hide quoted text - Just spoke with Lisa Abbott, the current director of HAND at approx 900 AM CDT. When I opened the conversation, I asked her if she is aware of my situation. She replied yes, that I have two overoccupancy violations so far and they are searching for others. I asked her if she is aware of the interactions between Carol Jack, Kevin Bowlen and myself and my tenants. She claims there has been no interaction since Fall 2005, because they were reassigned. I asked her if she is aware of the behavior of Carol Jack and Kevin Bowlen with respect to myself and my tenants. She said "Kevin Bowlen didn't do that. I am aware of your false allegations." I asked her is she is aware of how various compliance officers had threatened my tenants during the 2006-2007 school year. She said "no one has threatened your tenants." I asked her if she is aware that as a direct result of the theatening behavior of HAND compliance officers, my tenants at 709 S. Anita vacated the premises today. She said "she is aware of the situation. I need to speak with legal." I asked her is she is aware that as a direct result of the threatening behavior of HAND compliance officers, my tenants at 816 E. 2nd Street vacated their lease about a week after inception in August 2006. She said "she is aware of the situation. I need to speak with legal." I asked her, if I need a permit from HAND or need to schedule an inspection, whether I am allowed to effect such permitting through HAND. She said, "No. You have to go through legal." I asked her, following up, "so I cannot get any cycle inspections, permit inspections or re-inspections done even if I asked HAND to do them?" She replied, "that is correct. we are not going to issue any more rental permits for you in this town." I asked her, "are you aware that that would be a violation of my civil rights?" She said, "I need to speak with legal". I asked her, who is going to compensate me for my $1800/month in losses from 709 S. Anita and for my $1450/month in losses from 816 E. 2nd Street. She said "you have to go through legal". I asked her who in legal should be my point of contact. She replied, Patti Mulvihill. I asked her if she is aware of threatening email messages sent by the City to my tenants at 414 E. 1st Street. She said "she is aware of the situation". I asked her if the City was trying to cut deals with my tenants to bolster the City's case against me. She told me "HAND is going to do everything in its power to stop your illegal activities". I tried to ask more questions, and she just said "you need to speak with legal. I don't believe a word that comes out of your mouth Mr. Patinkin."