LeBlanc v. Mis Inc.

• Court: U.S. District Court — Southern District of Alabama
• Writing for the Court: P. BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE
• Docket Number: Civ. A. 24-0209-KD-MU
• Decision Date: 12 December 2025
• Citation: LeBlanc v. Mis Inc., Civ. A. 24-0209-KD-MU (S.D. Ala. Dec 12, 2025)
• Parties: ALLISON KATHLEEN LEBLANC, Plaintiff, v. MIS INC., et al., Defendants.

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ALLISON KATHLEEN LEBLANC, Plaintiff, v. MIS INC., et al., Defendants.

Civ. A. No. 24-0209-KD-MU

United States District Court, S.D. Alabama, Southern Division

December 12, 2025

REPORT AND RECOMMENDATION

P BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE

Plaintiff Allison Kathleen LeBlanc, proceeding pro se, filed an Amended Second Amended Complaint against several defendants, including MIS, Inc., on April 4, 2025. (Doc. 67). This action was referred to the undersigned, pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(4), and is now before the Court on Defendant MIS, Inc.'s motion to dismiss (Doc. 75), Plaintiff's response thereto (Doc 78), and MIS's reply. (Doc. 80).^[1] For the reasons stated below, it is recommended that MIS's motion to dismiss be granted.

I. Factual Allegations/Uncontroverted Facts^[2]

On April 4, 2025, Allison-Kathleen LeBlanc filed her Amended Second Amended Complaint, which will be referred to as “the Complaint” for brevity sake and because it is now the operative complaint, asserting claims against Defendants MIS, Inc., Deputy Sheriff Clarence Herring, and Baldwin County Sheriff Huey Hoss Mack for “violations of [her] civil rights.”^[3] (Doc. 67, PageID. 591). Leblanc sets forth the following relevant allegations in support of her claims that MIS violated her constitutionally protected rights and unlawfully damaged, stole, or destroyed her personal property:

Kathy Heindl, LeBlanc's mother, entered into an agreement with Regions Bank for the purchase of property located at 26451 Baldwin Beach Express in Robertsdale, Alabama (“the property”) in August of 2015. (Doc. 67, PageID. 593). LeBlanc and Heindl then entered into a rental agreement whereby LeBlanc paid her the amount of the mortgage as rent each month and LeBlanc, her husband, and her children lived on the property. (Id.; PageID. 591). Regions Bank subsequently proceeded with a non-judicial foreclosure. (Id.; PageID. 593). LeBlanc filed a lawsuit against Regions Bank and filed a lis pendens with the Baldwin County Probate Court. (Id.). MIS, Inc. bought a “fraudulent” foreclosure deed from Regions Bank who (according to LeBlanc) did not own the mortgage or note. (Id.; PageID. 594). MIS filed a lawsuit in state court against Kathy Heindl, Allison LeBlanc, and JP LeBlanc for possession of the property. (Id.). On March 25, 2024, MIS, Inc. filed a motion for summary judgment, which was granted by the Court. (Id.). Leblanc asked the judge how long she and her family had to vacate their home, but an exact answer was never given. (Id.). MIS did not inform LeBlanc of her “Constitutional right to Trial By Jury,” and the judge did not enter a Finding of Facts or Conclusions of Law, making appeal impossible in LeBlanc's view. (Id.).

MIS submitted an Application for Writ of Possession on June 5, 2024. (Id.). A copy of this filing was not sent to LeBlanc, her mother or her husband. (Id.). Writ of Possession was ordered on June 11, 2024, by the Court Clerk and was conveyed to the Baldwin County Sheriff's Office to be served. (Id.). No advance notice was given by the Sheriff's office prior to execution of the Writ, nor was Leblanc informed of any right to appeal the judge's decision or the Writ of Possession. (Id.; PageID. 595). Mr. McGowan, of MIS, texted or left a phone message for LeBlanc that she needed to contact him if she “didn't want something really bad to happen,” but she had no idea to what he was referring. (Id.).

On the morning of June 20^, 2024, deputies from the Baldwin County Sheriff's Office (“BCSO”) came onto the property in riot gear with shields and shotguns drawn by “popping the pin” on a chained and locked gate. (Id.). They took LeBlanc and her husband out of the house located on the property in handcuffs and detained then on the back porch while officers with shotguns woke up Heindl, her elderly handicapped mother who was the previous owner of the property, and her 10 and 11-year-old sons. (Id.). Herring kept threatening to take them to jail if they didn't do exactly what he told us to do. (Id.). Herring and BCSO officers searched the home and seized four handguns, one shotgun, and two 22 rifles. (Id.). They said it was for “safekeeping.” (Id.). Herring refused to allow LeBlanc or her husband to go back to their room to retrieve any of their possessions. (Id.). LeBlanc's husband, who is not a party to this action, remained in handcuffs for over an hour until he was escorted off the property. (Id.; PageID. 596). He spoke with Herring who agreed to have their trucks, trailers, tractors, and belongings placed on the adjacent acre that they rent from their neighbor, but when her husband asked Herring why he had a problem with him, Herring started shouting orders to have all the vehicles towed and throw our belongings out by the road. (Id.). She was only able to load up her mother's bedside commode, urinary care equipment, and ostomy supplies before Herring told her to leave. (Id.). She was not allowed to retrieve any of her personal belongings from her room, including an ammo box filled with gold and silver, her clothes, shoes, papers, or legal books. (Id.).

Herring had Heindl sign a receipt for the guns and the Writ of Possession before they left the property. (Id.). He told her she was signing a receipt for the guns but did not explain the Writ of Possession. (Id.). LeBlanc alleges that Heindl has cognitive impairment from her medical ordeal and did not know what she was signing, that she explained this to Herring and told him that she has Power of Attorney for her, and that he scoffed and made some kind of comment about her not believing in the system. (Id.).

They left their home and everything they owned while agents of MIS threw all their property from inside the house onto the front ditch bank along the expressway in the rain, including Heindl's medications and medical supplies, checkbooks that were then stolen, and private medical information. (Id.). When LeBlanc and her husband returned that evening to gathering some of their belongings, they asked the MIS agents to be careful with their things, and they said they were calling the Sheriff to arrest us, so they left. (Id.; Page Id. 597). Friends attempted to guard their property, but their belongings were “stolen” from the side of the road through the night. (Id.).

The next day, Mr. Tyndall, a partner at MIS, filed a false report stating that LeBlanc had trespassed on the property to retrieve her ducks and horse. (Id.). She was arrested a few weeks later while trying to prepare the land they rent from their neighbor to store their belongings and trucks. (Id.). Neither MIS officers nor any of the subpoenaed BCSO deputies showed up for court, and she was found innocent. (Id.).

As ordered by Herring, MIS had their trucks, cars, and a covered trailer towed by Mo's towing. Mo's agreed within days to return their property as soon as they had secured a place to store them. MIS refused to allow LeBlanc to remove her remaining property, even though the barn, carport, schoolhouse, sheds, and the porches were still filled with LeBlanc's personal property. After the Court denied her request for a temporary restraining order to prevent the destruction of her belongings, MIS tore down the sheds; gutted the barn; removed or destroyed a work trailer, fishing boat, and E-350 camper truck; removed all of her tools, Craftsman tool boxes, propane tanks, generators, and stored fuel; bulldozed over 30 fruit trees, shade trees, and shrubs; destroyed 10 raised garden beds; and destroyed the playground that her husband and sons built together starting from the time they were 5 and 6 years old. (Id.).

Many of LeBlanc's factual allegations (and conclusions) are controverted by written documents in the public record and some are supported by the public record. The loan and mortgage documents, as well as the Warranty Deed, show that it was Kathy B. Heindl who owned and mortgaged the Property. (Doc. 32-8, PageID. 297-98; Doc. 13-1, PageID. 114-16; Doc. 13-2, PageID. 118-33). As reflected in a subsequent Foreclosure Deed, Heindl defaulted on the loan, Regions foreclosed on the Property, and then Regions sold the Property at public auction on September 21, 2023 to Defendant MIS, Inc. (Doc. 13-3, PageID. 135-37). The Property was conveyed to MIS via the Foreclosure Deed dated September 26, 2023, and recorded September 28, 2023, at Instrument No. 2088370 in the Probate Records of Baldwin County, Alabama.

(Id.). One month later, on October 24, 2023, MIS filed an action for ejectment and declaratory judgment in Baldwin County Circuit Court, 05-CV-2023-901333, against Allison Leblanc, Kathy Heindl, and J.P. Leblanc, because they remained in actual possession of the Property. (Doc. 32-1, PageID. 231-34). MIS moved for summary judgment in its favor, and, on April 23, 2024, the state court granted summary judgment in favor of MIS. (Doc. 32-1, PageID. 235-38; Doc. 32-3, PageID. 240). On June 11, 2024, the state court issued a writ of restitution or possession, commanding law enforcement “to restore [MIS] to possession of the land and tenements which [MIS] recovered of [Allison Leblanc, Kathy Heindl, and J.P. Leblanc] in an action of forcible entry and detainer ....” (Doc. 32-4, PageID. 241). Deputy Clarence Herring served Kathy

Heindl with the writ on June 20, 2024. (Doc. 32-6, PageID. 242). The state court awarded damages for mesne profits to MIS on July 15, 2024, finding that MIS “obtained fee simple title to the Property via Foreclosure Deed” and that the court's writ of possession “was duly executed.” (Doc. 32-6, PageID. 243-44).

Based on these allegations, LeBlanc asserts the following claims against MIS:

Count One: Pursuant to 42 U.S.C. § 1983, Violation of Rights Under Color of Law,...