Wonsey v. City of Chicago

Dist. Ct. did not err in granting defendants-City and certain police officers’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendant officers violated her 4^th Amendment rights on two occasions when officers entered her home without consent after Airbnb guest reported theft in plaintiff’s home, and when officers subsequently entered plaintiff’s home to help with evacuation of plaintiff’s home after building inspectors discovered 32 code violations. Police had valid consent to enter plaintiff’s home on first occasion when Airbnb guest gave officer code to unlock front gate, and where two other guests allowed officer to enter plaintiff’s home. With respect to second entry, Dist. Ct. did not err in granting officers qualified immunity, where: (1) plaintiff acknowledged that officers’ entry was due to safety concerns; and (2) officers relied on inspectors’ representations that plaintiff’s home was danger to its occupants and to public due to existence of code violations. As such, reasonable officer could have believed that entry into plaintiff’s home was reasonable.