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STARZENSKI v. CITY OF ELKHART

No. 95-1766.

87 F.3d 872 (1996)

Sophie STARZENSKI, Kazmer Starzenski, and Gennie Starzenski, Plaintiffs-Appellants, v. CITY OF ELKHART, Elkhart Health and Sanitation Department, Leroy Robinson, Director of Health and Sanitation Department, Ray Minegar, Health Enforcement Officer, Fran Curry, Health Enforcement Officer, Richard L. Moore, Street Commissioner, and Larry Kasa, Elkhart City Police Officer, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Thomas S. Wilson, Jr. (argued), Elkhart, IN, William J. Cohen, Elkhart, IN, for Plaintiffs-Appellants.

Robert T. Sanders, III, Matthew A. Yeakey (argued), Elkhart, IN, Paul D. Eash (argued), Elkhart, IN, for Defendants-Appellees City of Elkhart, Larry Kasa.

Paul D. Eash (argued), Elkhart, IN, for Defendants-Appellees Elkhart Health and Sanitation Department, Leroy Robinson, Ray Minegar, Fran Curry and Richard L. Moore.

Before POSNER, Chief Judge, COFFEY, Circuit Judge, and SKINNER, District Judge.

COFFEY, Circuit Judge.

Sophie Starzenski, Kazmer Starzenski, and Gennie Starzenski filed a civil rights action pursuant to 42 U.S.C. § 1983, claiming that the defendants violated their Fourth and Fourteenth Amendment rights by entering onto real property that they owned and seizing their personal property without a warrant. Additionally, Sophie Starzenski claimed that the Elkhart Police Sergeant Ernie Hill arrested her without probable cause and used excessive...

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