Gaetjens v. City of Loves Park

Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants violated her 4th Amendment rights by entering her home, condemning her home and seizing her 37 cats without having procured warrant. Exigent circumstances supported defendants’ actions, where: (1) officer entered plaintiff’s home under belief that plaintiff was experiencing medical emergency after have received reports that plaintiff’s doctor and neighbor were unable to get in touch with plaintiff, and where plaintiff’s mail and garbage were piling up; (2) fire chief had reasonable basis to condemn plaintiff’s home, where fire chief received police report that home had noxious stench and had experienced said stench himself, such that fire chief could conclude that conditions in home posed danger to plaintiff and public; and (3) seizure of plaintiff’s cats was reasonable, where plaintiff, who was in hospital at time of instant seizure, could not take care of her 37 cats because of condemnation placard prevented her entry into her home. Ct. also rejected plaintiff’s claim that defendants used excessive force when capturing cats, since defendants used cat-catching tool to effectuate seizure. Fact that one cat died did not render said seizure unreasonable.