Legal Opinion

James T. Durhan v. Robert Neopolitan

Court of Appeals for the Seventh Circuit

Decided April 20, 1989No. 88-2108PublishedCited by 24 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

This appeal involves the confiscation of two vehicles belonging to the plaintiff, James T. Durhan, and his proprietorship, J & B Towing, Inc., by defendants acting as agents of the Sheriff of Cook County. The district court granted defendants’ motion for summary judgment on the grounds of claim preclusion and qualified immunity of the defendants. We affirm on more limited grounds.

I

Plaintiff’s two vehicles, a 1973 GMC tow truck and a 1977 Chevrolet flat-bed, slide-back car hauler, were seized on May 18, 1981, pursuant to Ill.Rev.Stat. ch. 95¥2 114 — 107(i) (1976) 1 in…

2Cases cited21 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  4. United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, DefendantsCourt of Appeals for the Seventh Circuit · 1985
  5. James Sutton, Jr. v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1982

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3Cited by24 opinions

  1. C.A. Brokaw v. Mercer County, James Brokaw, Weir BrokawCourt of Appeals for the Seventh Circuit · 2000
  2. United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz and Charles W. MatsonCourt of Appeals for the Tenth Circuit · 1993
  3. In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
  4. United States v. DiekemperCourt of Appeals for the Seventh Circuit · 2010
  5. Phoenix Newspapers, Inc. v. Department of CorrectionsCourt of Appeals of Arizona · 1997

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