Edward Soldal, et Ux. v. Cook County, Illinois et al. (506 U.S. 56)
U.S. Supreme Court · decided December 8, 1992 · Supreme Court Database (Spaeth)
- Citation
- 506 U.S. 56 · 113 S. Ct. 538
- Decided
- December 8, 1992
- Term
- October Term 1992
- Vote
- 9–0
- Majority author
- Justice White
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice WHITE delivered the opinion of the Court. I Edward Soldal and his family resided in their trailer home, which was located on a rented lot in the Willoway Terrace mobile home park in Elk Grove, Illinois. In May, 1987, Terrace Properties, the owner of the park, and Margaret Hale, its manager, filed an eviction proceeding against the Sol-dáis in an Illinois state court. Under the Illinois Forcible Entry and Detainer Act, Ill.Rev.Stat., ch. 110, ¶ 9-101 et seq. (1991), a tenant cannot be dispossessed absent a judgment of eviction. The suit was dismissed on June 2, 1987. A few months later, in August, 1987, the owner brought a second proceeding of eviction, claiming nonpayment of rent. The case was set for trial on September 22, 1987. Rather than await judgment in their favor, Terrace Properties and Hale, contrary to Illinois law, chose to evict the Soldáis forcibly two weeks prior to the scheduled hearing. On September 4, Hale notified the Cook County’s Sheriff’s Department that she was going to remove the trailer home from the park, and requested the presence of sheriff deputies to forestall any possible resistance. Later that day, two Terrace Properties employees arrived at the Soldáis’ home accompanied by Cook County Deputy Sheriff O’Neil. The employees proceeded to wrench the sewer and water connections off the side of the trailer home, disconnect the phone, tear off…
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