Judge Colin S. Bruce in the Central District of Illinois granted summary judgment in favor of the Kankakee County Animal Control Director in Polk v. Boudreau, Case No. 15-cv-2160 (C.D. Ill. Dec. 12, 2016). Several horses were seized by Department personnel for running-at-large in unincorporated Kankakee County. The purported owner of the horses sued, alleging that the seizure of the horses violated his Fourth Amendment rights and his procedural due process rights under the Fourteenth Amendment. The Court found that the purported owner of the animals lacked standing as he was judicially estopped from claiming an interest in the horses and the premises based on his concealment of these assets in a prior bankruptcy. Additionally, the Court found that the purported owner had no expectation of privacy in the premises. Moreover, even if Plaintiff had standing, the Court found that the seizures did not violated the Fourth or Fourteenth Amendments and the Defendant was entitled to qualified immunity.
Michael Condon and Tony Fioretti defended the Kankakee County Animal Control Director against the claims by horses’ purported owner.