Defendant Michelle Dawson has filed a motion to dismiss and a motion to strike in a lawsuit her father filed against her for allegedly causing him to potentially lose his Madison home.
Timothy Baker, 54, an inmate in the Federal Corrections Institution in Seagonville, Texas, claims Dawson failed to pay taxes on a property located at 302 McNair, even though he provided her with the means to pay.
In Dawson's April 15 motion to dismiss, she says her father’s complaint is “substantially insufficient in law in that it fails to state a claim upon which relief can be granted.”
“The plaintiff makes reference to certain items which he identifies as facts; however, he fails to state a legally cognizable claim upon which relief can be granted,” the motion states.
Jack Cranley of Glen Carbon represents Dawson.
Cranley wrote that he had reviewed the 60-page document and finds no claim, except a claim for punitive damages, which is improper pursuant to state law.
Madison County Circuit Judge Dennis Ruth on March 18 granted Baker’s request to sue as an “indigent person.”
Baker claims he now owes $6,610.67 for the unpaid costs associated with back taxes and that he will lose the property to tax deed in August 2013.
He claims he lost additional property to thieves who ransacked his home after his son abandoned the property.
In addition, Dawson got rid of property without Baker’s permission, causing him losses of $64,060, according to the complaint.
He claims his losses, including real and personal property, total $141,670.67.
Baker will appear pro se and has asked to be allowed to utilize a video camera to access court hearings, because he is not allowed to leave prison.
Madison County Associate Judge Tom Chapman was assigned to the case March 12.
Baker, who pleaded guilty Jan. 7, 2011, to a charge of being a felon in possession of a firearm, was sentenced to 52 months in prison. He is scheduled to be released in May 2014.
Baker filed a motion to exclude evidence April 15, stating the respondent has knowledge of his criminal history and has unlawfully re-produced confidential documents of his criminal history without his consent.
“That respondent through acts of bazaar (sic) and ludicrous behavior has incidents of burdening courts with non-relevant information in which courts can better make use of its time,” the motion states.
“That defendant to be prohibited from introducing any mental knowledge or physical evidence of plaintiff’s criminal history that defendant was not a party thereof.”
Madison County Circuit Court case number: 13-L-351.