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Property Deprivation in Search

By: WISCONSIN LAW JOURNAL STAFF//April 10, 2023//

Property Deprivation in Search

By: WISCONSIN LAW JOURNAL STAFF//April 10, 2023//

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7th Circuit Court of Appeals

Case Name: Brian Orozco v. Thomas J. Dart

Case No.: 22-1194

Officials: Ripple, Rovner and Brennan, Circuit Judges.

Focus: Property Deprivation in Search

Cook County Jail staff searched Koger’s cell on October 5, 2013. That search sparked lengthy litigation, including two prior visits to this court. Koger alleges that the officers who conducted the search removed approximately 30 books from his cell and disposed of them. Seeking to hold the County responsible, Koger filed suit under 42 U.S.C. § 1983. Though his allegations have evolved, Koger lands on a claim that the County deprived him of his books without due process. The district court granted summary judgment to the County, and the Seventh Circuit affirms. Koger received constitutionally sufficient due process surrounding any property deprivation, and he presents insufficient evidence to hold the County liable under Monell v. Department of Social Services, 436 U.S. 658 (1978), and its progeny.

Affirmed.

Decided 04/06/23

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