Burton v. Sheahan

MEMORANDUM OPINION AND ORDER

MOODY, District Judge.

Before the court is defendant Michael Sheahan’s (“Sheahan”) motion to dismiss plaintiff Frederick Burton’s (“Burton”) complaint for failure to state a claim under FedeRal Rule Of Civil Prooedure 12(b)(6). In his complaint, Burton, a correctional officer, attempts to state a claim under 42 U.S.C. § 1983 against Michael Sheahan in his official capacity as Sheriff of Cook County for the deprivation of Burton’s property without due process of law. *976For the following reasons, Sheahan’s motion to dismiss is DENIED.

1. Factual Background

The following…