Edward Soldal and Mary Soldal, Individually and as Legal Guardians for Jimmy Soldal, Alena Soldal, Joseph Soldal and Jessie Soldal v. County of Cook

923 F.2d 1241, 1991 U.S. App. LEXIS 1025, 1991 WL 4983
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 24, 1991
Docket89-3631
StatusPublished
Cited by28 cases

This text of 923 F.2d 1241 (Edward Soldal and Mary Soldal, Individually and as Legal Guardians for Jimmy Soldal, Alena Soldal, Joseph Soldal and Jessie Soldal v. County of Cook) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edward Soldal and Mary Soldal, Individually and as Legal Guardians for Jimmy Soldal, Alena Soldal, Joseph Soldal and Jessie Soldal v. County of Cook, 923 F.2d 1241, 1991 U.S. App. LEXIS 1025, 1991 WL 4983 (7th Cir. 1991).

Opinions

POSNER, Circuit Judge.

This matter is before us on the appeal of the plaintiffs, Edward Soldal and his family, from the dismissal of their civil rights suit (42 U.S.C. § 1983) on the defendants’ motion for summary judgment. The defendants are Cook County, Illinois; several officers of the Cook County sheriff’s office; Terrace Properties, which owns a trailer park in Elk Grove, Illinois; and Margaret Hale, the manager of the park, together with several other private individuals.

The Soldáis had rented a lot in the park as a site for their trailer home, in which they lived with their four children. In August 1987, Terrace Properties filed a suit in an Illinois state court to evict the Soldáis. A hearing was scheduled for September 22, but more than two weeks before then Hale called the Cook County sheriff’s office to say that she was planning to evict a family that day (September 4) and that, because she feared that the family might resist being evicted, she wanted deputy sheriffs to be present. That afternoon two employees of Terrace Properties came to the Sol-dais’ trailer accompanied by a deputy sheriff. The employees began by wrenching the sewer and water boxes off the side of the trailer home, causing damage to it. When Soldal asked the workers what they were doing, they told him to ask the deputy sheriff, which he did, and the reply was that “he [the deputy sheriff] was there to see that [Soldal] didn’t interfere with [Terrace’s] workers.” The workers tore off the skirting and canopy of the trailer and hooked a tractor to it. Although they also disconnected the phone, Soldal called his lawyer from a pay phone and she in turn called the sheriff’s office — which at first denied that there was any deputy sheriff on the scene. Getting no satisfaction, the lawyer advised Soldal, in a second conversation from the pay phone, to file a complaint against Terrace Properties for criminal damage to his property.

When Soldal returned to the trailer from the pay phone, he found two more deputy sheriffs at the scene. He told them that he wanted to file a complaint and they referred him to a lieutenant of the sheriffs police, who was in Hale’s office. Soldal went there, and the lieutenant came out and told him to wait outside, then went back in and remained closeted with Hale and several other employees of Terrace Properties for twenty to thirty minutes. When he emerged he told Soldal to talk to the district attorney, then went back into the office. Re-emerging at the end of another half hour he told Soldal that he would not accept a complaint from him because “it was between the landlord and tenant ... [and] they were going to go ahead and continue to move out the trailer.” The tractor now pulled the Soldáis’ trailer free from its moorings. Discussion about where it would be taken ensued, in the course of which Hale said to the lieutenant in Soldal’s presence, “I’m going to tell him [Soldal] this in front of you [lieutenant], that he’s not allowed to come back to the park,” whereupon the lieutenant told Sol-dal, “Now, you heard what she said.”

The Soldáis went off to a motel for the night (Terrace Properties had offered to pick up the tab) but left two of their children with a friend who lived in another trailer home in the park. The next morning Soldal returned to the park to pick up [1245]*1245the children. He was seen entering the park, and while he was in the friend's trailer a deputy sheriff (who had not been present at the eviction the previous day) came and arrested Soldal because “you’re not supposed to be here.” He was kept in jail for several hours, charged with criminal trespass. The charge was later dropped.

Soldal continued making unsuccessful efforts to get the sheriff’s office to accept a complaint from him. He had better luck in court. On September 9 the state court in which the eviction proceeding was pending found that Terrace Properties had not been authorized to evict the Soldáis, and ordered Terrace to put the trailer back on the lot. This was done, but the trailer had been badly damaged during the eviction.

A month later one of the deputy sheriffs who had been involved in the eviction came to the Soldáis’ trailer, together with a man named Peterson, who had accused Soldal of having struck his car and now repeated the accusation. Soldal replied by accusing Peterson of lying and invited him to step out into the street. The invitation was not taken up but the deputy sheriff asked Peterson whether he wanted to press criminal charges, and when he said he did the deputy sheriff arrested Soldal. Soldal was charged with criminal assault, apparently based on the invitation to fight rather than on whatever earlier skirmishes led the police, with Peterson in tow, to his door. He was also charged with other crimes upon the complaint of two other private persons, who are named as defendants in this suit along with Peterson. But as there is no detail in the record concerning these additional charges and defendants, we ignore them except to note that the charges were later dropped, as was the charge of assaulting Peterson.

Our recital construes the facts as favorably to the plaintiffs as the record will permit. That is what we are supposed to do when deciding whether summary judgment should have been granted. Of course the true facts may turn out to be different and less favorable to the plaintiffs.

The complaint charges in effect two conspiracies. In the first, Terrace Properties and Margaret Hale are accused of conspiring with Cook County and the officers of the sheriff’s police to damage the Soldáis’ trailer and to arrest him without cause. In the second, Peterson is accused of having conspired with Cook County and the officers (not all the same ones) to arrest Soldal a month later. Pendent counts recast the various claims as violations of state tort law as well. On the defendants’ motion for summary judgment the district judge dismissed all the claims, both federal and state, on the merits. First of all he found that there had been no conspiracy. True, there was a puzzle: “if the Terrace Properties defendants were clearly committing a criminal trespass, why did the members of the Sheriff’s Police who were present — and who were called to the scene by the evicting defendants — stand idly by and do nothing? A reasonable inference would be that they conspired with the private parties not to act.” But the sheriff’s police “were under no state-law duty to stop the eviction, and in fact were under an opposite duty to not intervene on either side unless some other infringement of the criminal code was committed_ [A] criminal trespass arrest and prosecution cannot be used as a means to determine the right to possession. People v. Evans, 163 Ill.App.3d 561, [114 Ill.Dec. 662], 516 N.E.2d 817 (1st Dist.1987).” (Emphasis in original.) As for the two arrests, they were based, the district court concluded, on probable cause.

To recover damages for having been deprived of their property without due process of law, the Soldáis must show first that there was a deprivation of property, and second that it was a deprivation by officers of the state. Only after these questions are answered in the affirmative does the question whether there was a denial of due process arise.

The physical damage that Terrace’s workers did to the trailer was a deprivation of property. To establish this proposition we begin by noting that if the property had been completely destroyed, this would have been as much a deprivation [1246]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Henry S. Kijonka v. Michael Seitzinger
363 F.3d 645 (Seventh Circuit, 2004)
State v. Harris
975 P.2d 1228 (Court of Appeals of Kansas, 1999)
People v. Brackett
679 N.E.2d 1285 (Appellate Court of Illinois, 1997)
United States v. Emmett K. Troyer, 2
983 F.2d 1074 (Seventh Circuit, 1993)
Fortunato H. Rivera v. Dr. Sardon
978 F.2d 1261 (Seventh Circuit, 1992)
CBS, INC. v. Henkin
803 F. Supp. 1426 (N.D. Indiana, 1992)
Conery v. Bath Associates
803 F. Supp. 1388 (N.D. Indiana, 1992)
Lenoir v. Roll Coater, Inc.
841 F. Supp. 1457 (N.D. Indiana, 1992)
Lile v. Tippecanoe County Jail
844 F. Supp. 1301 (N.D. Indiana, 1992)
Amcast Industrial Corp. v. Detrex Corp.
779 F. Supp. 1519 (N.D. Indiana, 1991)
Smith v. Norfolk & Western Railway Co.
776 F. Supp. 1335 (N.D. Indiana, 1991)
Edward Soldal v. County of Cook
942 F.2d 1073 (Seventh Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
923 F.2d 1241, 1991 U.S. App. LEXIS 1025, 1991 WL 4983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-soldal-and-mary-soldal-individually-and-as-legal-guardians-for-ca7-1991.