AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Other Misconduct: Eviction

     City code enforcement officers were not liable for federal civil rights violations for evicting two elderly residents from their home without a pre-eviction hearing. The officers had the legal authority to issue emergency vacate orders, and had grounds to do so in light of the residents keeping 33 dogs and four birds in the two bedroom house, which was allegedly in an unsanitary condition. Sell v. City of Columbus, No. 03-4654, 127 Fed. Appx. 754 (6th Cir. 2005). [N/R]
     City's ordinance requiring a landlord to institute eviction proceedings against a tenant when the chief of police has a suspicion that the tenant engaged in or permitted illegal drug or gang activity ruled to be an unconstitutional violation of procedural due process rights. Cook v. City of Buena Park, No. G031326, 2005 Cal. App. Lexis 105 (Cal. 4th App. Dist. January 28, 2005). [2005 LR Mar]
     Actions of police in evicting woman from him without physical force was not "shocking" to conscience Reese v. Kennedy, 865 F.2d 186 (8th Cir. 1989).

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