Holding:  the Sheriff got off, but the Mortgagee was liable for notice and due process to the tenants when a Writ of Assistance issued from the Circuit Court

760 F. Supp. 1288

William SCOTT and Rosemary Scott, Plaintiffs,
v.
James E. O’GRADY, Sheriff of Cook County, et al., Defendants.

No. 90 C 5810.

United States District Court, N.D. Illinois, E.D.

February 26, 1991.

[760 F. Supp. 1289]

COPYRIGHT MATERIAL OMITTED

[760 F. Supp. 1290]

Lewis Check, Loyola University Community Law Center, Chicago, Ill., for plaintiffs.

Douglas B. Swill, Asst. State’s Atty., Chicago, Ill., for defendants Sheriff O’Grady and Deputy Sheriff Branch.

David Letvin, Letvin and Stein, Chicago, Ill., for defendant Diamond Mortg. Corp.

[760 F. Supp. 1291]

MEMORANDUM OPINION AND ORDER

CONLON, District Judge.

In this action brought pursuant to 42 U.S.C. § 1983, plaintiffs William and Rosemary Scott (“the Scotts”) sue Cook County Sheriff James O’Grady; Deputy Sheriff Kelvin…

Hardick v. Vreeken  https://cdn.ca9.uscourts.gov/datastore/opinions/2017/01/03/15-55563.pdf

Some great excerpts from this case:

The panel affirmed the district court’s denial, on summary judgment, of absolute and qualified immunity to social workers who plaintiff alleged maliciously used perjured testimony and fabricated evidence to secure plaintiff’s removal from her mother, and that this abuse of state power violated her Fourth and Fourteenth Amendment constitutional rights to her familial relationship with her mother. The panel held that the social workers were not entitled to absolute immunity from claims that they maliciously used perjured testimony and fabricated evidence to secure plaintiff’s removal. The panel held that plaintiff’s complaint targeted conduct well outside of the social workers’ legitimate role as quasi-prosecutorial advocates in presenting the case. The panel held that defendants’ case for qualified immunity was not supported by the law or the record. The panel determined that plaintiff produced more than sufficient admissible evidence to create a…