Adams Apple Distributing Co. v. Zagel

This action arises out of the search and seizure of the business premises of the plaintiff, Adams Apple Distributing Company. Adams Apple sought in its complaint a declaration that sections 2 and 3 of the Drug Paraphernalia Control Act (Act) are unconstitutional (Ill. Rev. Stat. 1985, ch. 56½, par. 2101 et seq.). In addition, Adams Apple requested injunctive relief and damages against the defendant, James B. Zagel, as director of the Department of Law Enforcement for an alleged deprivation of constitutional rights. (42 U.S.C. sec. 1983 (1982).) The trial court, on Zagel’s motion, dismissed…