Hansen v. Cannon

26 F. App'x 555
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 18, 2001
DocketNo. 01-3076
StatusPublished
Cited by3 cases

This text of 26 F. App'x 555 (Hansen v. Cannon) 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
Hansen v. Cannon, 26 F. App'x 555 (7th Cir. 2001).

Opinion

ORDER

Robert and Donna Hansen brought suit against Vermillion County, Illinois, the Village of Tilton, sheriffs deputies Robert Cannon and Daniel Auterman, Tilton police chief Charles Wolfe, and Tilton mayor Conrad Wantland alleging that the individual defendants and the local governments unconstitutionally caused their personal property to be seized in violation of 42 U.S.C. § 1983 and wrongfully evicted them from their property in violation of Illinois law. The defendants moved for summary judgment, and after staying discovery before the Hansens had served any interrogatories, the district court granted the defendants’ motions. We conclude that the district court properly granted judgment for the county and the village, but improperly stayed discovery and consequently erred in granting the individual defendants’ motions. We therefore affirm in part, vacate in part, and remand.

The Hansens owned two adjoining lots in Tilton, Lot 8 and Lot 9. A garage stood on Lot 8, and a house and two other garages stood on Lot 9. After a foreclosure sale, the Vermillion County Circuit Court ordered the sheriffs department to take possession of Lot 9 and turn it over to the Hansens’ creditors. The order described the property as “Lot 9 ... commonly known as 121 W. 4th St., Tilton, Illinois.” On November 5, 1997, the sheriffs department served the order on the Hansens, who were not home, and movers began to take away the Hansens’ personal property. Although the court’s order applied only to Lot 9, property located on Lot 8 was also removed, including several cars that were towed by the sheriffs department and a number of exotic birds that movers took to the county Animal Control Officer as abandoned property. The deputy who served the order of possession later recalled that someone questioned whether the garage on Lot 8 was part of the Hansen property and that a village police officer told him that the garage “was all part of the Hansen property.”

Two days later, as the move-out continued, the Hansens returned to Lot 8 with their attorney and informed the movers that the order of possession did not extend to Lot 8. After the movers called 911 to have the three of them removed, Chief Wolf and Deputy Auterman responded. According to the Hansens, Wolf threatened to arrest Robert if he did not leave the property, and Auterman stood by as the movers continued to take the Hansens’ belongings from Lot 8. The Hansens also claim that Auterman told them that he would contact Deputy Cannon because he was “in charge.”

The Hansens’ lawyer then left the property and called Cannon at the sheriffs office to tell him of the mistake. Cannon, who admits that he had been to the prop[558]*558erty at some point during the foreclosure, then allegedly contacted an unidentified sheriffs employee at the scene. The unidentified employee told Cannon that “everything was all on one address” and that “someone from the [vjillage ... confirmed that the entire property was one address.” The Hansens’ lawyer then returned to the property and on his advice the Hansens departed.

On November 9 Robert Hansen went to see Cannon, who is also the vehicle identification officer for the sheriffs department, to try to get the cars back. Cannon allegedly called Robert a “little guy” and told him he would have to pay the towing and storage fees for the cars when Cannon felt like releasing the cars. On November 18 Cannon sent notices to the Hansens at the Lot 9 address to inform them that their cars would be sold if not reclaimed within 10 days. The post office returned the notices because the Hansens had not left a forwarding address after the repossession of Lot 9, and on December 17 the cars were sold as junk. Robert also went to see the county Animal Control Officer to reclaim his exotic birds. Robert told the officer that he first needed to find a place for the birds since it was getting cold, but he never returned for them. After notice was placed in the newspaper that the birds would be given away if the Hansens did not retrieve them, the birds were given up for adoption.

In the district court the Hansens argued that the seizure of their personal property from Lot 8 violated their Fourth Amendment rights and that village officials assisted in the allegedly unlawful seizure in order to harass them. In support of their harassment theory, the Hansens alleged that Mayor Wantland had been at the property on November 5 and that he had informed the sheriffs department that Lot 8 and Lot 9 were really only one lot when “he knew it was incorrect or did not bother to check.” Wantland maintains, however, that “at no time did I inform the Vermillion County Sheriffs Deputies that there was only one lot.” The Hansens also presented evidence that after the foreclosure village officials continued to enter Lot 8 and damage their property.

On appeal the Hansens first argue that the district court improperly stayed discovery pending the outcome of the defendants’ motions for summary judgment on the basis of qualified immunity. As the district court observed, one purpose of qualified immunity is to protect public officials from “broad-ranging discovery” that can be “peculiarly disruptive of effective government.” Harlow v. Fitzgerald, 457 U.S. 800, 817, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); accord Landstrom v. Ill. Dep’t of Children & Family Servs., 892 F.2d 670, 674 (7th Cir.1990). But qualified immunity does not shield public officials from discovery entirely. If the Hansens’ allegations stated a claim that the defendants violated a clearly established law, and the parties disagreed as to what actions the law enforcement officers took, discovery may be appropriate for the limited purpose of addressing the issue of qualified immunity. See Anderson v. Creighton, 483 U.S. 635, 646 n. 6, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985); Landstrom, 892 F.2d at 674; Lovelace v. Delo, 47 F.3d 286, 287 (8th Cir.1995).

Seizing property, like the Han-sens’ property on Lot 8, without a court order is presumptively unreasonable under the Fourth Amendment. See Soldal v. Cook County, 506 U.S. 56, 63-69, 113 S.Ct. 538, 121 L.Ed.2d 450 (1992); Johnson v. City of Evanston, 250 F.3d 560, 563 (7th Cir.2001). This rule was clearly established in November 1997 when the foreclo[559]*559sure on Lot 9 occurred. See Soldal, 506 U.S. at 63-69, 113 S.Ct. 538. The parties dispute, however, whether the defendants acted reasonably based on the information given to them. That is precisely the sort of dispute that must be resolved using limited discovery. See Anderson, 483 U.S. at 646 n. 6, 107 S.Ct. 3034; Landstrom, 892 F.2d at 674; Lovelace, 47 F.3d at 287.

The Hansens point out that Lot 8 and Lot 9 formed part of a consecutively numbered grid of evenly sized lots in the village. According to the Hansens, survey stakes marked the boundary between the lots, and a fence separated the back of the lots.

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Bluebook (online)
26 F. App'x 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-cannon-ca7-2001.