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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