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Son of Flint Councilman Eric B. Mays files lawsuit against mayor and 2 city officials

Featured photo: Councilman Eric Mays, photo by Tanya Terry
This afternoon, Eric HaKeem Deontaye Mays, the son and only next-of-kin of the late Flint Councilman Eric B. Mays, filed a lawsuit against Flint Mayor Sheldon Neeley, Flint City Attorney William Kim and Flint Human Resources Director Ed Smith.
The lawsuit alleges that Kim and Smith have refused to provide Mr. Mays and his legal representatives a copy of the City of Flint’s insurance policy insuring the late Councilman, despite Mr. Mays’ understanding that he is the named beneficiary of the policy.
The lawsuit contends that Kim and Smith’s conduct is based upon the instructions of Mayor Neeley.
In addition to counts of intentional infliction of emotional distress, unjust enrichment, conversion and breach of contract, Mr. Mays is seeking an injunction requiring the defendants to deliver to him, within 48 hours, a copy of the life insurance policy.
Here is a statement from John A. Fernandez, the attorney from the Lento Law Group representing Mr. Mays in this matter:
John Fernandez, attorney from the Lento Law Group at the recent candlelight vigil for the late Councilman Eric Mays. Photo by Tanya Terry.
We brought this action to remedy a terrible injustice that the City of Flint—allegedly upon orders from City Attorney William Kim and at the direction of Mayor Sheldon Neeley himself—is inflicting upon our client, Eric HaKeem Deontaye Mays, the biological son and only next-of-kin to the late Councilman Eric B. Mays.
 
The City is wrongfully denying Mr. Mays access to the City’s life insurance policy that was in place on his late father, preventing him from applying for the insurance proceeds to which he is entitled as the named beneficiary on the policy. 
 
This latest emotional assault from the City comes at a time when Mr. Mays is already embroiled in a contentious and emotionally-charged legal battle with his uncles and aunt over the right to control the disposition and funeral arrangements for his late father’s remains. 
 
This appears to be nothing more than a cruel act of retaliation against a grieving son as a result of animus the defendants in this action felt for his father. We hope to right this wrong swiftly so that both the late Councilman and his son may have peace.
Eric HaKeem Deontaye Mays, the son of the late Councilman Eric Mays. Photo provided by Lento Law Group.
You can find a copy of the complaint here: https://bit.ly/Mays_v_Neeley_lawsuit.
Statement from Flint City Attorney William Kim:
The City of Flint has not yet been served with a lawsuit. Based on the prior lawsuits that have been filed by the Lento Law Group against the City of Flint and its officials, we expect to seek, at minimum, dismissal of this action as frivolous at the earliest possible opportunity.
Statement from City of Flint Human Resources Director Eddie Smith:
The City of Flint provides a life insurance policy for its officials and employees as part of its normal benefits package. Flint City Councilman Eric Mays never designated a beneficiary for that life insurance policy, and under the applicable City benefit policies, “in the event no beneficiary is designated, the policy will be payable to the Employee’s estate.” A personal representative of the late councilman’s estate must be designated by the probate court in order for the City to effectuate payment, and to date, the City has not received any documentation showing that this has occurred.

Statement from Flint Mayor Sheldon Neeley:
We are disappointed that misleading allegations are creating undue strife in our community. We continue to lift the entire family of Eric Mays in prayer as mourners wait to pay their final respects to the First Ward Councilman, and we pray for comfort and peace for our community in this time of sorrow.

In light of the Genesee County Circuit Court’s decision to postpone all funeral services for Flint City Councilman Eric Mays this weekend, we ask the Flint community to observe a collective moment of silence to offer prayers and positive thoughts this Saturday, March 9 from 12 noon to 12:01 p.m.

Mayor Sheldon Neeley 

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