Gaetjens v. Winnebago County, No. 20-1295 (7th Cir. 2021)
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Gaetjens bred cats in her Loves Park home.. Her doctor told her to go to the hospital because of high blood pressure. Later that day, the doctor couldn’t locate Gaetjens and phoned Eads, Gaetjens’s neighbor. Eads could not locate Gaetjens. The next day, Gaetjens was still missing. Eads called the police, stating that Gaetjens might be experiencing a medical emergency. Officers went to Gaetjens’s home but could not see anyone inside. They saw packages on the porch, untended garbage, and a full mailbox. . Eads provided a key. The police went into the home but immediately left because of intense odors, "urine, feces, and maybe a decomposing body." The police called the Fire Department to enter with breathing devices. The Fire Chief temporarily condemned the home as not fit for habitation. Firefighters went inside to look for Gaetjens but found 37 cats. They summoned Animal Services to round up the cats because Gaetjens was not allowed inside the condemned house. The cats were impounded for nine days. Four cats died.
Gaetjens, who had been in the hospital, sued under section 1983. The Seventh Circuit affirmed summary judgment in favor of the defendants. The Fourth Amendment ordinarily prohibits such conduct without a warrant but emergencies breed exceptions. The defendants had reason to believe that Gaetjens was experiencing a medical emergency and found her home so noxious that it posed a public safety risk.
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