Tucker v. Fulton County, IL, No. 10-2835 (7th Cir. 2012)
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During a narcotics investigation, an informant (Tucker's brother-in-law) told the Task Force that Tucker was in possession of a stolen backhoe. Investigator Williams went to Tucker’s house, observed a backhoe, and asked Tucker about it. Tucker said that in the summer of 2000 or 2001, he bought it through a friend without any documentation. Williams took the serial number, told Tucker that it was not reported stolen, but asked Tucker not to move the backhoe. When Williams returned weeks later, neither Tucker nor the backhoe was present. Tucker later explained that he loaned it to Krulac. After tracing ownership, but without a warrant, Williams seized the backhoe from Krulac. Tucker never contacted the Task Force to object to the seizure or demand the backhoe be returned. The backhoe was returned to the titleholder. Tucker sued under 42 U.S.C. 1983, alleging violations of Fourth Amendment and due process rights. The district court granted summary judgment, concluding that the initial seizure of the backhoe satisfied the Fourth Amendment and due process requirements; that the Task Force was entitled to Eleventh Amendment immunity; and that Williams was entitled to summary judgment on the post-seizure disposition due process claim. The Seventh Circuit affirmed.
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