U.S. District Judge rules that blind man failed to prove his eviction was due to disability.
"On the contrary, the events alleged to have led to and followed the Murphys’ eviction undermine plaintiffs’ claim that such a policy exists," he noted. "The allegations in the amended complaint make clear that what happened to the Murphys was an aberration brought about by a private actor’s abuse of the law."
Connolly was referring to the actions of landlord Kenneth Stanford, who had obtained a writ of possession against a woman who lived in the apartment before the Murphys moved in.
According to court records, Murphy moved into the apartment in November 2020, a month before a court hearing was held in Stanford’s legal action against the previous tenant. Stanford claimed the previous tenant owed him rent and water bills from April 2020 to mid-December 2020, and he testified that he believed the apartment was still under her control. At the same time, however, Stanford filed a court action against the Murphys alleging that they had failed to pay December’s rent.
Murphy was evicted in February 2021 pursuant to a writ issued against the previous tenant, even though he showed constables a copy of his lease. They told him he nevertheless needed to vacate the premises and suggested that he file a complaint in JP Court for wrongful eviction.
During an emergency hearing one week after the eviction, a deputy magistrate wondered how Stanford could be seeking December rent from both Murphy and the previous tenant, even as he denied that Murphy was his tenant. The magistrate concluded that it was "very clear" that Stanford had misrepresented himself to the court and possibly perjured himself. According to court records, Stanford refused to answer questions posed by the magistrate and said he wanted to consult an attorney.
CLICK HERE TO GET THE FOX NEWS APP
Given that Stanford’s case against the Murphys had not been scheduled, much less resolved, in February 20201, the magistrate determined that Murphy and his daughters has been unlawfully ousted. He also said it seemed that Stanford had "weaponized" a writ against the previous tenant in order to get out of his lease with Murphy. Murphy settled claims against Stanford in the federal lawsuit in 2021.
Thomas Neuberger, an attorney representing Murphy, said he plans to appeal Connolly’s ruling.
Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content.
Subscribed
You've successfully subscribed to this newsletter!
https://www.foxnews.com/politics/judge-dismisses-suit-delaware-court-officials-filed-blind-man-wrongfully-evicted