Dist. Ct. did not err in granting defendant-City’s motion to dismiss for failure to state cause of action plaintiff’s proposed section 1983 claim, alleging that defendant denied plaintiff its due process rights by refusing to release defendant’s judgment lien against plaintiff’s property until plaintiff paid defendant’s attorneys’ fees and costs associated with generation of lien. Record showed that upon plaintiff’s request, defendant provided payoff letter that demanded $5,655.16, which included $1,394.82 in attorneys’ fees and costs, and plaintiff thereafter paid full amount “under protest.” Dist. Ct., though, properly found that plaintiff had voluntarily paid disputed fees and costs (and thus was not deprived of any constitutionally protected property interest), where defendant merely refused to accede to demand by private party to immediately release lien to which plaintiff was not entitled. Moreover, Ct. noted that plaintiff was not coerced to pay anything, where plaintiff had option to: (1) pay principal and interest portion of lien and then seek release of lien under 735 ILCS 5/12-183(b); or (2) file declaratory judgment in state court raising instant issue. Ct. also doubted that plaintiff could successfully pursue class action under peculiar facts of case and further surmised that lawyers involved in case were only potential beneficiaries of instant action.
Federal 7th Circuit Court
Civil Court
Due Process