Benjamin Thayer & Emily Hay vs. LivINN Hotels, Inc., et al.
19AV-CV-25-1353 | Dakota County District Court, First Judicial District, Minnesota
Executive Summary
Benjamin Thayer and Emily Hay were wrongfully and retaliatorily evicted by LivINN Hotels, Inc., resulting in homelessness and the seizure of all personal property, including irreplaceable sentimental items belonging to Ms. Hay's child. The eviction followed a pattern of harassment, bad-faith negotiations by the landlord's counsel, and the illegal refusal of a valid rent tender. Compounding factors include an illegal hold on the tenants' funds by BMO Bank which made timely payment impossible, and a separate wrongful vehicle repossession by Hertz. The case is underscored by a significant conflict of interest, as the landlord, the presiding judge, and the executing sheriff's office are all connected through the Boys & Girls Clubs charity, raising serious due process concerns.
Key Parties Involved
Benjamin Thayer
Tenant/Defendant/Pro Se Litigant
Emily Hay
Co-Tenant/Defendant/Pro Se Litigant
LivINN Hotels, Inc.
Landlord/Plaintiff
Robert P. Schwartz
Landlord's Attorney
Douglass E. Turner
Landlord's Attorney
Judge Christopher Bates
Presiding Judge
Dakota County Sheriff's Office
Defendant in Civil Rights Case
BMO Bank, N.A.
Defendant/CFPB Complaint Subject
The Hertz Corporation
Arbitration Respondent
Chronology of Events
A settlement agreement resolves a prior eviction case, confirming a lease end date of September 30, 2025.
BMO Bank places an illegal hold on the inheritance funds, making them inaccessible.
A default judgment is entered against the tenants, based on a disputed settlement.
Judge Bates denies an emergency motion and a fee waiver, calling the claims 'frivolous'.
A full rent payment is tendered and illegally refused by the landlord's agent.
The eviction is executed by Dakota County Sheriff's deputies.
Prius taken 3 days after eviction, confirmed by Calla Hoover. Police label it as civil matter, indicating coordination.
Judge Luke approves motion, proving the eviction was illegal.
An Emergency Motion for a TRO is filed to prevent property disposal.
Legal Analysis & Claims
Federal Claims
42 U.S.C. ยง 1983 - Conspiracy Under Color of Law
- Fraudulent inducement of settlement.
- Execution of eviction despite a pending motion.
- Denial of due process.
Fair Housing Act Violations
- Retaliatory eviction.
- A clear pattern of harassment.
Federal Regulation CC Violations
- BMO Bank's illegal hold on funds made rent payment impossible.
State Claims
Void Judgment (Minn. R. Civ. P. 60.02)
- Judgment obtained through fraud.
- No mutual assent from all parties.
- Order appears unsigned.
Wrongful Eviction & Interference with Redemption
- Illegal refusal of a valid rent tender.
- This claim allows for treble damages.
Intentional Infliction of Emotional Distress
- Extreme and outrageous conduct causing severe distress.
Evidence Locker
audio
Illegal Payment Refusal (Audio)
Date: 6/13/2025
Transcript:
"Agent: 'No, I'm not accepting this.'"Attorney Admission of Bad Faith (Audio)
Date: 6/13/2025
Transcript:
"Doug Turner: 'My client does not want the money, they want possession...'"documents
Misleading Email Chain (Schwartz)
Date: 5/20/2025
Unsigned Judgment Order
Date: 5/22/2025
video
The Wrongful Eviction (Video)
Date: 6/17/2025
testimonies
PTSD relapse and severe emotional distress due to seizure of child's items.
Source: Emily Hay
"PTSD relapse and severe emotional distress due to seizure of child's items."
No knowledge of or consent to the settlement agreement.
Source: Emily Hay
"No knowledge of or consent to the settlement agreement."
Potential Damages
Compensatory
$10,000 - $250,000
- Displacement and housing costs.
- Value of lost property, including irreplaceable items.
- Lost income from inability to work.
- Storage and legal fees.
Constitutional
$50,000 - $155,000
- Violation of due process rights.
- Denial of meaningful access to the courts.
- Violation of equal protection for pro se litigants.
Punitive
$500,000 - $1,500,000+
Key Enhancers:
- Fraud and willful misconduct by attorneys.
- Malice from the landlord's CEO.
- Systemic abuse suggested by the 'Triangle of Influence'.
- Withholding of irreplaceable sentimental items.
- Judicial abuse and bad faith.
- Admission of retaliatory motive.
Total Projected Value
Base Case: $200,000 - $750,000
Aggressive Case: $5,000,000 - $7,000,000
RICO Case: $5,000,000 - $20,000,000
Strategies & Next Steps
Guiding Principles
- Meticulous documentation is paramount.
- Maintain a comprehensive digital evidentiary vault.
- Utilize the Minnesota Digital Exhibit System (MNDES).
Immediate Actions
- Argue for an immediate stay of the writ of recovery and voiding of the judgment. (Halt all proceedings and prevent property disposal.)
- Secure pro bono or contingency representation from a top-tier federal civil rights firm. (Obtain experienced legal counsel.)
- File formal misconduct complaints against all implicated parties. (Hold individuals accountable and create external pressure.)