Wonsey v. City of Chicago, No. 19-1171 (7th Cir. 2019)
Annotate this CaseAn Airbnb guest at Wonsey’s Chicago home reported to police that his belongings disappeared after he lost consciousness from a seizure. The gate to Wonsey’s house was locked; no one responded to the doorbell. Sergeant Valentin called the theft victim, who gave Valentin the entry code. Valentin then went to the door and rang the doorbell. Two men opened the door and, as shown in Wonsey’s security video footage, allowed Valentin inside. The officers saw residents scattered throughout the first floor who appeared to have been sleeping in the living areas. Wonsey refused to allow officers to see where the theft victim was staying and told them to leave. The officers complied. Wonsey walked them outside. Valentin described the encounter as “friendly.” The officers did not arrest Wonsey nor conduct a search. Days later, prompted by a police request, the buildings department sent out inspectors accompanied by police officers. A man sitting on Wonsey’s porch opened the gate. Wonsey willingly allowed the inspectors inside. The police waited outside. The inspectors recorded 32 code violations and concluded the house should be immediately evacuated. The inspectors asked the police to assist with “emergency evacuations.” Officers entered the house and stayed in the common areas. Wonsey refused to leave. Wonsey sued under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment in the defendants’ favor, stating that Wonsey did not allege any Fourth Amendment violations; her arguments were “unsupported, careless, and irrelevant.”
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