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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Police officers that were dispatched to the 1300 block of South Sawyer Avenue in Chicago's Humboldt Park neighborhood proceeded to order the occupants of the house to come outside with their hands in the air, and while they did, they began to punch and kick the occupants. While six children were being driven out of the front door of the residence, another three adults and several of their children were being driven out of the back door of the residence. At this point, the police officers started to yank and pull these children out of the house. The officers and the children, who were all predominantly African-American, approached the porch and began filling it with children. While the officers were doing this, in front of the house, police officers from two other local police stations arrived and also started deplaning children. After nearly two hours and four police officers, all of whom were white, the police were able to forcibly remove the children from the house, and leave the home. The results of this violent police encounter with an innocent family are, or should be, forever etched in the memories of children on South Sawyer Avenue.

In this case, the district court has already determined that immaterial facts are in dispute which would preclude dismissal for lack of subject matter jurisdiction. The plaintiff has carried this burden. Once a factual issue exists that deprives a federal court of jurisdiction, the defendant's motion to dismiss for lack of subject matter jurisdiction should be denied. To the extent that the parties have not briefed the issue, the Court assumes that the cost of ancillary receivership is not limited to the amount of the cash bondsecured by the receivership. The Court also notes that the amount of the cash bond does not appear to be excessive. The parties may submit briefs to the Court indicating their positions on this issue. d2c66b5586

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