SEQUOIA BOOKS, INC. v. INGEMUNSON

No. 88 C 10181.

713 F.Supp. 1233 (1989)

SEQUOIA BOOKS, INC., an Illinois corporation, d/b/a Denmark II, Plaintiff, v. Dallas INGEMUNSON, in his capacity as State's Attorney of Kendall County, Illinois, a body politic, and the People of the State of Illinois, Defendants.

United States District Court, N.D. Illinois, E.D.

June 1, 1989.


Attorney(s) appearing for the Case

J. Steven Beckett, Beckett & Crewell, Champaign, Ill., Jeffrey Steinback, Genson, Steinback & Gillespie, Chicago, Ill., for plaintiff.

James R. Schirott, James Sotos, Charles E. Hervas, Michael W. Condon, Schirott & Associates P.C., Itasca, Ill., for defendant Dallas Ingemunson.

James R. Schirott, James Sotos, Charles E. Hervas, Phillips A. Luetkehans, Schirott & Associates P.C., Itasca, Ill., for defendant Kendall County.

Jack Donatelli, Asst. Atty. Gen., Chicago, Ill., for defendant State of Ill.


MEMORANDUM OPINION

KOCORAS, District Judge:

This case comes before the Court on Defendants' Motion to Dismiss. For the following reasons, Defendants' Motion is granted.

DISCUSSION

The issue raised in this motion is whether the Forfeiture Provision of the Illinois Criminal Obscenity Statute is constitutional under the First and Fourth Amendments to the United States' Constitution. The Forfeiture Provision provides in pertinent part:

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