Murray v. Poani

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (4th) 120059
Decision Date: 
December 14, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Justice: 
POPE
Holding: 
Reversed and remanded.
Plaintiffs filed Section 1983 action, alleging that village and its police department deprived them of their due process rights in active involvement in a private repossession of their vehicle. Issue of material fact exists as to whether deprivation of due process rights was as a result of state action, by officer facilitating unlawful taking of personal property. (APPLETON and KNECHT, concurring.)