photo by: Chris Conde/Journal-World

Phillip Michael Eravi is pictured at a hearing on Dec. 11, 2023, in Douglas County District Court.

A plaintiff suing the City of Lawrence recently admitted that his lawsuit lacked factual support, and now the city is urging a federal judge to not give the man a do-over.

The plaintiff, Michael Eravi, a Lawrence resident known for regularly criticizing public officials at meetings and filming police officers at work, is suing the city for allegedly violating his civil rights when he was trespassed from the city-supported homeless camp in North Lawrence last year.

As the Journal-World has reported, Eravi — in response to the city’s original motion to dismiss — acknowledged that his lawsuit lacked facts to support his claims, and he asked the U.S. District Court of Kansas for permission to amend his suit, saying that he could supply facts to support his contention that he was deprived of First Amendment and other rights.

The city, in a motion filed Wednesday, said that Eravi’s failure to state a cause of action in his lawsuit is “fatal” to his case and that the judge should not allow him to redo it, in accordance with a rule of civil procedure that outlines precisely what a motion to amend must contain and that the city says Eravi’s motion lacks.

“Plaintiff does not proffer any actual facts or provide specificity that the proposed amendment would not be futile and subject to dismissal,” the city wrote in its latest motion.

In addition to arguing failure to state a claim, the city has argued that its employees are protected by qualified immunity, as the Journal-World has reported.

Before Eravi filed his motion to amend, the city argued that his lawsuit should be thrown out because the city was well within its rights to restrict access to the homeless camp, which it calls a “nonpublic forum,” and that probable cause existed to trespass Eravi, who had been given multiple warnings not to enter the camp.

Eravi was convicted on Sept. 21, 2023, in Lawrence Municipal Court of criminal trespass for an incident in June at the camp. He was fined $173 including court costs and sentenced to 90 days in the county jail, which was suspended, according to court records. He has appealed that conviction in Douglas County District Court.

Eravi is also facing a felony interference with law enforcement charge after he allegedly forced officers from their protected positions during an armed standoff in May, as the Journal-World reported. His retained attorney, Angela Keck, has filed motions to dismiss the case based on First and Fourth Amendment violations. In December, multiple officers testified about the dangers they and Eravi faced during the incident. The court is set to hear additional testimony and rule on those motions on Friday along with a scheduled status conference for his municipal appeal, according to court records.