Wilson v. Warren County, Ill.

Dist. Ct. did not err in dismissing plaintiff’s action alleging that certain private citizen defendants discriminated against him on account of his anxiety disability in violation of Fair Housing Act (FHA) by intentionally attempting to remove personal property from plaintiff’s real estate. Under FHA, plaintiff had to assert that said property was removed because of his disability, and allegations in complaint suggested that defendants were motivated to remove said property only because of belief that plaintiff had refused to return property that belonged to them. Dist. Ct. also did not err in granting motion for summary judgment filed by both private citizen and public official defendants in plaintiff‘s similar 1983 action alleging 4th Amendment violation arising out of said removal of property, where plaintiff had failed to show that private citizen defendants were either acting under color of law for purposes of section 1983 action or had made agreement with public official defendants (police officials who supervised property removal) to unconstitutionally deprive plaintiff of his property, since record showed that said police officials were unaware at time of property removal that private citizen defendants had failed to obtain court order allowing them to summarily take said disputed property.