30 Jun 2024

IFMK Law Shareholder Bhairav Radia and Senior Associate Joe Bracey obtained a favorable judgment for their clients, a county sheriff’s office and deputy. The 7th Circuit ruled no Fourth Amendment violations occurred where the deputy took reasonable steps to intervene between feuding neighbors. Plaintiff’s neighbors hired a tree trimming service to cut overhanging branches that extended over the property line. When the deputy arrived to keep the peace, he advised the tree trimmers that they could not enter onto the plaintiff’s property without his permission. Despite that, plaintiff alleged the deputy should be held liable for any damages caused by the tree trimming activities. He further alleged the deputy improperly “seized” plaintiff in violation of the Fourth Amendment when he refused to allow plaintiff to park his car directly in front of the neighbors’ home to film them. The U.S. District Court for the Central District of Illinois ruled in favor of the law enforcement defendants and granted summary judgment on all claims. After plaintiff appealed, the U.S. Court of Appeals for the 7th Circuit affirmed the prior decision and entered judgment in favor of the defendants.