DKCLM, Ltd. v. Miller, No. 14-3388 (7th Cir. 2015)
Annotate this CaseApollo owned Franklin, Wisconsin property, which it rented to DKCLM, for the sale and servicing of boats. DKCLM subleased part of the property to Kreil, an officer of DKCLM, who lived in a house on his leased part of the property. In 2005, Apollo initiated eviction for failure to pay rent. Apollo agreed to dismiss the case and DKCLM and Kreil promised to pay and agreed that in the event of a future default Apollo would be entitled to seek a writ of restitution without notice to Kreil. Apollo asked a Wisconsin court for that relief on August 15, 2005. Nine days later the court issued the writ, but stayed enforcement until September 26. Execution of the writ began on October 5, Kreil was evicted and a judgment of $54,000 was entered against him. Six years later Kreil filed suit under 42 U.S.C. 1983 in a federal district court against Milwaukee County and detective Miller, claiming that the entry onto the property was an unreasonable seizure of Kreil’s leasehold because it occurred after the statutory deadline for accomplishing an eviction and that the county removed and destroyed or otherwise discarded private property.The Seventh Circuit affirmed dismissal, noting state law remedies.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.