After consulting with an assistant state's attorney, Dennis Degelmann told other officers assembled for a roll call on October 31, 1991, that, if Moehlman again complained, Gordon lawfully could be arrested for criminal trespass unless he left voluntarily. Moehlman called that night, saying that she was terrified because Gordon had again threatened her. Officer Misrac went to the house, and, when Gordon could not produce evidence of ownership and refused to leave, arrested him for trespassing. He was soon released on bond. The next day Moehlman obtained from the circuit court an emergency protective order prohibiting Gordon from entering the house. The criminal charges were dismissed on November 12, however, because in Illinois a person residing in a dwelling under a claim of right is entitled to the judicial hearing afforded by the forcible entry and detainer statute before he may be removed as a trespasser.
People v. Evans, 163 Ill.App.3d 561, 114 Ill.Dec. 662, 516 N.E.2d 817 (1st Dist.1987). The judge also modified the protective order, permitting Gordon limited access to the house. Gordon then turned the tables, suing Degelmann, Misrac, Barbara Meyer (the Village's Corporation Counsel), and the Village of Skokie itself. Gordon contends that the arrest violated the fourth amendment, making the defendants liable under
42 U.S.C. § 1983 and principles of state law. All four defendants have prevailed, at different times and for different reasons.