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Soldal v. Cook County
''Soldal v. Cook County'', , was a United States Supreme Court case in which the Court held that a seizure of property like that which occurs during an eviction, even absent a search or an arrest, implicates the Fourth Amendment. The Court also held that the Amendment protects property as well as privacy interests, in both criminal as well as civil contexts. Finally, saying that "certain wrongs affect more than a single right", the Court left open the possibility that the Fourteenth Amendment's protections against deprivation of property without due process of law may also be implicated as well.
== Background ==
Plaintiffs Edward and Mary Soldal and family owned a mobile home, and lived on a lot of land that they were renting in a trailer park in Elk Grove, Illinois. In August 1987, Terrace Properties, the owner of the park, filed suit to evict the Soldals, and a court hearing was scheduled. Two weeks ''before'' the hearing, however, the park manager called the Cook County sheriff's office and told them that she was planning to evict a family on that day, and requested the presence of deputy sheriffs, fearing that Soldal might resist being evicted.〔 Such so-called "self-help evictions" (without a court order to evict) are illegal in many states, including Illinois.
That afternoon, two Terrace employees, accompanied by a deputy sheriff, began wrenching the sewer and water boxes off the side of the mobile home, causing damage to it. When Soldal approached, the deputy sheriff said that he "was there to see that () didn't interfere with the workers." The workers disconnected the phone, tore off the skirting and canopy of the trailer, and hooked a tractor to it. Soldal called his lawyer, who called the sheriff's office – which at first denied that there was any deputy sheriff on the scene. When Soldal returned to the scene, two more deputy sheriffs had arrived. He demanded that they file a criminal complaint against Terrace, and they referred him to their lieutenant, who was meeting with the manager in her office. After making Soldal wait outside for nearly a half hour, the lieutenant came out and told Soldal to talk to the states attorney, then went back inside. After another half hour, he told Soldal that he would not accept his complaint because "it was between landlord and tenant." Yet another two deputies arrived, and the workers pulled the trailer free of its moorings and towed it onto the street.〔
Five days later, the judge who had been scheduled to hear the eviction case ruled that the one just described was unlawful, and ordered the home returned to the lot. The home, however, was badly damaged. Soldals brought an action under 42 U.S.C. § 1983, alleging a violation of their civil rights under the Fourth Amendment and Fourteenth Amendment. The named defendants were Terrace Properties, the manager of the park, several Cook County deputy sheriffs and the Cook County State's Attorney. Soldal alleged a conspiracy to unreasonably seize and remove the family's trailer home. However, the District Judge granted the defendants' motion for summary judgment, on the grounds that the Soldals had failed to cite any evidence to support their conspiracy theory. Without that a state action, which is necessary under § 1983, was non-existent.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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