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Violation of Due Process – Trespass – Summary Judgment

By: Derek Hawkins//December 1, 2015//

Violation of Due Process – Trespass – Summary Judgment

By: Derek Hawkins//December 1, 2015//

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7th Circuit Court of Appeals

Case No.: 15-1242

Case Name: Anthony Zimmerman v. Jeffrey Doran

Officials: MANION, ROVNER, and HAMILTON, Circuit Judges.

Pertinent Practice Areas: Violation of Due Process – Trespass – Summary Judgment

Appellant Rule 56 submission failed to identify undisputed issues of fact, summary judgment was proper.

“Zimmerman provides no case law setting forth the relative rights of a property owner and the possessor of a timber deed. Under Illinois law, the criminal offense of trespass is committed when a person “… enters upon the land of another, after receiving, prior to entry, notice from the owner… that the entry is forbidden” or “remains upon the land of another, after receiving notice from the owner … to depart.” 720 ILCS 5/21‐ 3(a). It is undisputed that Zimmerman received notice to depart the property, both from the owner in the cease and desist letter and in texts, and from the officers relaying the information to him directly. He chose to remain on the property against the owner’s wishes and therefore falls within the plain language of the criminal statute. Moreover, before arresting Zimmerman, the defendants attempted to sort out the relative legal rights, including contacting the state’s attorney for advice as to whether the actions constituted criminal trespass. We have held that “‘[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity. Otherwise the incentive for officers to consult prosecutors—a valuable screen against false arrest—would be greatly diminished.’” Fleming v. Livingston Cnty., Ill., 674 F.3d 874, 881(7th Cir. 2012), quoting Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir. 2004).

Affirmed

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Attorney Derek A. Hawkins is the managing partner 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.

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