that the council's March 14 vote to accept a previously rejected demolition bid was illegal because the scope of the demolition work had changed since the bids originally were solicited.


16
On May 17, 1989, the state circuit court entered its findings of fact and order in both Koen's first and second lawsuits.  The court began by noting that the city and Koen had entered into an agreement, reflected in the court's February 16 and March 3, 1988 orders, by which Koen agreed to have his building demolished and the city agreed to forego legal action regarding the demolition of the building.  The court then noted that "[n]othing has changed the effect of these orders, nor the agreement of the parties."    R. 15, Ex. considered Koen's request for money damages against the mayor, treasurer, and certain city council members, which was "raised for the first time in the plaintiff's closing argument."    Id.  The court concluded that this request for a money judgment, which was not raised in the pleadings, and was asserted against nonparties, was an inappropriate "afterthought."    Id. at 4.  The court thus denied Koen's First Amended Petition for Writ of Mandamus as moot, and ordered that the balance of the $62,810 account left over after paying the demolition contractor be returned to Koen.

B. District Court Proceedings

18
On March 27, 1989, the day before the building was demolished, Koen filed a complaint in the United States district court against the City of Cairo, seeking