Hamilton v. Village of Oak Lawn, Ill.

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging that defendants-police officers violated plaintiff’s 4th Amendment rights by detaining her in her employer’s home for two-hour period while conducting investigation into claim by relative of employer that plaintiff and another individual had improperly sought large amount of money, as well as power of attorney, from infirm employer in absence of any of employer’s family. Record showed that at conclusion of their investigation, defendants ordered plaintiff to leave employer’s premises without $10,000 check that employer had written to plaintiff, and although two-hour detention is too long to constitute viable Terry stop, instant detention was nevertheless “reasonable” for 4th Amendment purposes where: (1) investigation occurred in employer’s home, as opposed to police station; (2) defendants did not extensively question plaintiff; (3) police had grounds for suspicion that plaintiff had improperly obtained $10,000 check, where plaintiff had only worked 88 hours as home care worker; (4) employer suffered from Parkinson’s disease that typically had severe cognitive impairment as side effect; and (5) allowing plaintiff to depart with $10,000 check as she wanted would have been irresponsible given defendants’ suspicion.