Skierkewiecz v. Gonzalez
United States District Court for the Northern District of Illinois
711 F. Supp. 931 (1989)
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
Holding and Reasoning (Kocoras, J.)
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