CASE_FCFCU KB

Settlement & Exposure Spine (Final - Re-Balanced)

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Settlement & Exposure Spine (Final - Re-Balanced)

INTERNAL NEGOTIATION ANCHOR: $3,177,130.00

1. Core Due Process & Jurisdictional Deprivation

Theory: Void judgment, unlawful dispossession, state-action deprivation
Allocated Value: $975,000

  • Defective service / no jurisdiction.
  • Default judgment entered without notice.
  • Writ executed without lawful predicate.
  • Removal without eviction case or hearing.
  • Court reliance on unresolved factual conflicts. Rationale: This bucket alone justifies seven figures if it proceeds federally. It is clean, well-documented, and not speculative.

2. ADA & Disability-Based Procedural Exclusion

Theory: Failure to accommodate, exclusion from process, disparate impact
Allocated Value: $640,000

  • Repeated disclosure of disability.
  • Refusal of written communication accommodation.
  • No interactive ADA process.
  • Heightened notice obligations ignored.
  • Removal executed despite known cognitive/auditory limitations. Rationale: Strong liability, but damages are often compressed unless coupled to deprivation (captured in Category 1).

3. Credit Reporting & Financial Strangulation

Theory: FCRA systemic misreporting + foreclosure aftermath harm
Allocated Value: $515,000

  • Continuous misreporting (Aug–Feb).
  • Inability to obtain credit cards or bridge loans.
  • Loss of ability to stabilize housing.
  • Inability to secure transportation financing.
  • Compounded harm during tax season runway window. Rationale: Documented denial of access to capital, causally tied to misreporting.

4. Forced Relocation & Economic Displacement (Evansville)

Theory: Foreseeable economic harm from unlawful displacement
Allocated Value: $420,000

  • Forced move to Evansville due to lack of housing.
  • Severing of Indianapolis client base.
  • In-person tax clients unable/unwilling to travel.
  • Collapse of local professional network.
  • Lost seasonal income window. Rationale: Direct consequence of removal + credit harm. Foreseeable and rational.

5. Housing Instability & Survival Conditions

Theory: Foreseeable harm, negligence, humanitarian exposure
Allocated Value: $255,000

  • Bug-infested, unsafe housing.
  • Coercive rent escalation threats.
  • Repeated hotel expenditures.
  • Roach-infested motel conditions.
  • Funds diverted from savings/down payment to survival.

6. Property Damage, Spoliation & Post-Removal Conduct

Theory: Negligence, conversion, spoliation
Allocated Value: $215,000

  • Burst pipes, mold, spoilage.
  • Disabled security cameras.
  • Unlogged entry and property handling.
  • Loss/destruction of personal property.

7. Third-Party & Collateral Harm

Theory: Foreseeability, consequential damages (non-party)
Allocated Value: $110,000

  • Afghan ally displacement / instability.
  • Emotional and logistical harm to mother.
  • Dependents affected by removal. Note: These are foreseeable collateral harms supporting severity and recklessness, not separate plaintiffs.

8. Transportation & Accident Fallout (Tesla / Lyft Incident)

Theory: Consequential economic harm
Allocated Value: $47,130 Rationale: Proportionate acknowledgement of consequential economic harm without providing an opening for causation attacks.

TOTAL SETTLEMENT ANCHOR: $3,177,130.00

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