IN THE COUNTY COURT FOR DOUGLAS COUNTY, NEBRASKA
| IRIS KITCHEN,
Plaintiff, Vs. DOUGLAS COUNTY PROBATE DIVISION, and CHRISTOPHER ODIGBO |
No. ____________________________ |
COMPLAINT
Now comes the Plaintiff named, IRIS KITCHEN, with this Complaint against Defendants, DOUGLAS COUNTY PROBATE DIVISION, and CHRISTOPHER ODIGBO, and alleges as follows:
PARTIES
Plaintiff is a resident of Douglas County, Nebraska. Plaintiff’s address for service is 3364 Laurel Street Omaha, NE. 68111.
Defendant Douglas County Probate Division is a State agency that handles proceedings in which the court has jurisdiction over the personal representative and the assets of the deceased; protects heirs from fraud and embezzlement; protects federal and state governments so all taxes are paid by the estate; and protects creditors of the deceased. Its address for the purpose of this suit is Hall of Justice 1701 Farnam Street, 3rd Floor Omaha, NE. 68183.
Defendant Christopher Odigbo was the Court-appointed attorney for Plaintiff in the probate matter, Case Number PR 17-1231. His address of service is 1905 Harney St. #504 Omaha, NE. 68102.
JURISDICTION
This Court has subject matter jurisdiction of the claims asserted herein pursuant to Section 24-517 of the Nebraska Revised Statute.
RELEVANT FACTS
Plaintiff is interested in the welfare of MICHAEL J. WALKER (“Mikael”), an incapacitated adult.
Plaintiff was the caretaker, foster parent and/or Extended Family Home Provider of/for Mikael starting in 2008 and continuing for a period of approximately ten (10) years, from the age of twelve (12) to Twenty-Two (22). Since that time Plaintiff has remained an interested party and continues to be deeply concerned for Mikael’s welfare.
Mikael was born on January 17, 1996 and is currently 24 years old. Mikael is unable to take care of his physical needs, thus requiring someone to provide for him. Mikael lacks sufficient understanding and capacity to make or communicate responsible decisions concerning his person and his estate.
On or about July 9, 2014, Angela Joy Mitchell (“Mitchell”) petitioned the Court to be Mikael’s Permanent Guardian. Mitchells’ Petition was granted by uncontested default on or about February 5, 2015.
Plaintiff has always objected to Mitchell being Mikael’s Guardian. Notably, Mitchell failed to always comply with the notice requirements of R.S. Neb. § 30-2625. Per the said provision, Plaintiff had a duty to include Plaintiff in the notices. Respondent violated the said provision by excluding Plaintiff in her notices. Therefore, Plaintiff sought to be included as interested party in the proceedings.
In the said case, the first Defendant appointed Defendant Chris as attorney for Plaintiff, which it weas not supposed to do. Besides, Plaintiff was informed by a member of staff of the first Defendant that they were out to scam the Plaintiff.
On or about June 29, 2018, Chris was served a copy of the Court’s order granting Michell leave to remove Mikael from my custody. On the selfsame day, Mitchell sent Plaintiff an email notifying plaintiff of the removal of Mikael.
On or about September 11, 2018, Defendant Chris submitted a Motion to withdraw as Plaintiff’s attorney. Accordingly, vide a Court Order dated September 12, 2018, Defendant Chris was granted relief to withdraw from the case.
On or about February 11, 2019, Plaintiff filed a garnishee proceeding against Defendant Chris for an amount totaling $3, 082.
On or about December 11, 2019, Plaintiff obtained garnishee judgment against Defendant Chris in the amount of $ 3, 000. On the selfsame date, Defendant Chris failed to appear for the Court session, and later cited a mistake on his diary.
Also, on or about October 14, 2020, the Court made a correspondence to Defendant Chris citing a judgment debt of $ 2, 244.86.
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF- BREACH OF CONTRACT
(Against Defendant Christopher)
Plaintiff Iris Kitchen entered a duly executed contract with Defendant Christopher.
Said Contract was to provide Plaintiff legal services for Plaintiff as an interested party in the Guardian proceedings for Mikael.
Said Defendant failed to pay Plaintiff money due to her pursuant to the Garnishment proceedings. Notably, on two separate occasions, the Court cited the amounts of $3, 000 and $ 2, 244.86 as amount owed by Defendant Chris to Plaintiff.
However, to the time of this Complaint, said Defendant has failed to honor the debts owed.
Plaintiff has been damaged by Defendant Chris’ breach as brought forth hereinabove. Accordingly, Plaintiff is entitled to recover these damages from the said Defendant.
SECOND CLAIM FOR RELIEF- UNJUST ENRICHMENT
(Against Defendant Christopher)
Defendant Christopher has unjustly enriched himself by depriving Plaintiff of her due amount(s) from the Garnishment proceedings.
As already alleged hereinabove, the said Defendant has retained Plaintiff’s judgment debt at the detriment of Plaintiff.
Accordingly, Plaintiff is entitled to recover these damages from the said Defendant. Plaintiff has been damaged by Defendant Chris’ breach as brought forth hereinabove.
THIRD CLAIM FOR RELIEF- EMOTIONAL DISTRESS
(Against all Defendants)
Defendants’ conducts, as described herein, were so extreme and outrageous in character that a reasonable member of the community would regard such conduct as atrocious, going beyond all possible bounds of decency and as being utterly intolerable in a civilian community.
Defendants engaged in such conduct recklessly or with the intent of causing Plaintiffs to suffer severe emotional distress.
As a direct and proximate cause of Defendants’ actions, Plaintiff has suffered, continues to suffer, and will in the future suffer severe emotional distress over the said conduct(s), the manner in which Defendants treated her, the destruction of her faith in Defendants’ fairness.
FOURTH CLAIM FOR RELIEF- NEGLIGENCE
(Against all Defendants)
Both Defendants had a duty of care towards the Plaintiff.
First Defendant had a duty to ensure Plaintiff has access to fairness and justice in the aforesaid matter. Defendant Christopher, on the other hand, had a Contractual duty as Plaintiff’s attorney to represent Plaintiff in the matter.
However, both Parties breached their duties. The first Defendant breached its duty by erroneously appointing the second Defendant as Plaintiff’s attorney, thus occasioning Plaintiff’s current woes. First Defendant also breached its duty by failing to prevent scamming of innocent individuals who seek justice. On the other hand, Defendant Christopher breached his contractual duties by, inter alia, failing to honor Plaintiff’s judgment debt.
Accordingly, Plaintiff is entitled to recover these damages from the said Defendant. Plaintiff has been damaged by Defendant Chris’ breach as set forth hereinabove.
FIFTH CLAIM FOR RELIEF- PROFESSIONAL MISCONDUCT
(Against all Defendants)
Both Defendants have violated codes of professional conduct that govern their respective professions.
The first Defendant’s conduct has failed to uphold the integrity and impartiality of the judiciary. Also, the said Defendant’s conduct was partial and showed incompetence. Notably, the first Defendant erroneously appointed the second Defendant as Plaintiff’s attorney, thus occasioning Plaintiff’s current woes. Also, the said Defendant allowed scamming of innocent individuals who seek justice.
Defendant Christopher failed to safekeep Plaintiff’s property by refusing to honor Plaintiff’s judgment debt. He also engaged in dishonesty, fraud, deceit or misrepresentation. All these amount to a violation of the Rules of Professional Conduct.
Accordingly, Plaintiff is entitled to recover these damages from the said Defendant. Plaintiff has been damaged by Defendant Chris’ breach as set forth hereinabove.
PRAYER AND RELIEF
WHEREFORE, the Plaintiff prays that this honorable Court grants the following relief:
- Award Plaintiff compensatory damages in an amount to be determined by the Court,
- Award Plaintiff punitive damages in an amount to be determined by the Court,
- Grant Plaintiff any and all costs incurred in this lawsuit,
- Grant such further relief as this Court deems appropriate.
Respectfully submitted:
Dated: __________
CERTIFICATE OF SERVICE
I certify that a copy of this Complaint was served on [ENTER DATE] to the Defendants in this action.
Respectfully submitted:
Dated: __________
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