Skierkewiecz v. Gonzalez
United States District Court for the Northern District of Illinois
711 F. Supp. 931 (1989)
- Written by Sean Carroll, JD
Facts
The defendants applied for an ex parte seizure order. The district court granted the application, and the defendants, including investigators and the attorneys who had presented the motion for seizure to the judge, executed the seizure order. The district court later determined in a memorandum opinion and order that in making their presentation to the judge, the defendant-attorneys made numerous misrepresentations. The judge indicated that he would not have granted the seizure application absent those misrepresentations. In light of this, the plaintiffs sued the defendants for trespass to chattels and trespass to land, among other claims. The latter claim was due to the investigators and attorneys’ failure to leave the property after the seizure was over and the U.S. Marshals left. The defendants filed a motion to dismiss.
Rule of Law
Issue
Holding and Reasoning (Kocoras, J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
