Wrongful Eviction – False Arrest – Probable Cause

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Civil

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges

Wrongful Eviction – False Arrest – Probable Cause

14-1269 Dzevad Hurem v. Nickolas Tavares

Where appellant claims for false arrest fell short for failure to provide documentation proving he was legally entitled to reside on the property and flawed attempt to connect defendant-respondent’s actions to violations of Illinois Forcible Entry and Detainer Act.

“The situation before the officers who responded on January 7 provided sufficient information for them reasonably to believe that Hurem had committed criminal trespass. They were confronted with conflicting stories—one from Hurem that he legitimately lived in the apartment and paid rent, the other from the Quadris to the contrary. Nothing prevented them from deciding to believe the Quadris. Officers may rely upon information that a reasonably credible putative witness or victim provides in deciding to make an arrest, even if the suspect says otherwise. See Williamson v. Curran, 714 F.3d 432, 441 (7th Cir. 2013) (collecting cases). Although Hurem had a piece of paper with Moshim’s phone number on it, that is the sole document he presented to show that he was legally renting the apartment. He had no lease, no mail in his name showing the address of the apartment, and no person who could confirm his account. Even had there been mail, all that would have shown would be longer-term occupancy; it would have said little about whether that occupancy was authorized. The fact that he had keys to the apartment and claimed that the furniture was his did not automatically disqualify him as an unauthorized squatter. The Quadris, on the other hand, came to the apartment with a property agent and a locksmith and presented the officers with proof that they owned the apartment. They told the officers they had not rented it to Hurem.”

Affirmed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.