FCFCU / MARION COUNTY SHERIFF: DAMAGES & HARM MATRIX (AB INITIO → PRESENT)
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FCFCU / MARION COUNTY SHERIFF: DAMAGES & HARM MATRIX (AB INITIO → PRESENT)
Internal Use Only - Strategy Document Date: 2025-12-21 Subjects: Cody Rice-Velasquez & Zai Property: 4817 Shadow Pointe Dr, Indianapolis, IN
I. JURISDICTIONAL & PROCEDURAL FAILURES (AB INITIO)
Category
What Happened
Resulting Harm
Defective Service
No lawful personal service; no Rule 4.1(B) mailing.
Court lacked personal jurisdiction; entire case is void.
Void Judgment
Default entered without jurisdiction.
All downstream enforcement (sale, writ, removal) is unlawful.
Writ Issued on Void Judgment
Writ of Assistance executed despite lack of valid underlying order.
Forced removal without due process.
ADA Failures
No accommodation provided despite known disabilities (ADHD, Anxiety).
Heightened confusion and inability to protect rights or property.
II. FORCED REMOVAL & DISPLACEMENT
Category
What Happened
Resulting Harm
Physical Removal
Sheriff enforced writ at 1:00 PM deadline.
Immediate loss of housing and stability.
Execution Conditions
Rigid enforcement in freezing temperatures.
Exposure to extreme cold and winter conditions.
Loss of Access
Keys withheld; access to personal property denied.
Inability to secure belongings or mitigate secondary damage.
Impact on Zai
Displacement of Afghan ally and roommate.
Legal and housing instability for a vulnerable individual.
III. ONGOING FINANCIAL HARM (POST-REVAL)
Category
What Happened
Resulting Harm
Utility Conversion
Utilities remained in Cody’s name after exclusion.
Continued billing for consumption by third parties.
Uncontrolled Heat
Heat left running with doors open/unsecured.
Escalating utility charges (AES) without benefit of use.
Disconnect Notices
Shutoff notices issued while Cody is barred from entry.
Damage to credit and risk of permanent service termination.
IV. PROPERTY NEGLIGENCE & STRUCTURAL DAMAGE
Category
What Happened
Resulting Harm
Failure to Secure
Doors left open/unlocked by enforcement personnel.
Exposure to freezing temperatures and unauthorized entry.
Burst Pipes
Laundry room pipes froze and burst.
Structural water damage and flooding.
Mold Infestation
Standing water left for ~1 week.
Visible “caked” mold on walls; health and safety hazard.
V. DESTRUCTION OF PERSONAL PROPERTY (CONVERSION)
Item
Action Taken
Result
Mini-Fridge (Bedroom)
Deliberately unplugged by third party.
Mold contamination; total loss of appliance and contents.
Sentimental Loss
Gift from murdered friend (2 months prior).
Irreplaceable emotional harm; compounded trauma.
Electronics/Network
Power/Ethernet cables manually removed from routers/desks.
Potential spoliation of data; damage to sensitive components.
Camera Interference
Traced hidden wiring; opened cabinets to unplug.
Intentional interference with private security equipment.
VI. INABILITY TO MITIGATE (KEY LEGAL DEFENSE)
Control: Shifted to FCFCU/Sheriff at 1:00 PM, 2025-12-09.
Access: Cody physically barred; no keys provided.
Responsibility: Harm occurred while Cody lacked legal and physical ability to intervene.
Conclusion: Defendant is shielded from “Failure to Mitigate” defenses.
VII. HEALTH & HUMAN IMPACT SUMMARY
Health: Mold exposure risk and environment-induced stress.
Mental Health: Retraumatization due to displacement and property loss.
Vulnerability: Disruption of care/stability for Cody and Zai (Afghan ally).
IX. OVERALL SUMMARY
After a void judgment was enforced, Cody and Zai were forcibly removed. The bank and sheriff then failed to secure the home, continued charging Cody for utilities, caused preventable water and mold damage, destroyed personal property, and interfered with belongings—all while denying access to mitigate the harm.