police4aqi

Police, The Fourth Amendment, Qualified Immunity

Madison Co., IL Deputy Mooshegian allegedly makes a bad arrest

leave a comment »

Case: EAKER v. MOOSHEGIAN (S.D.Ill. 8-1-2012)

What happened:

The evidence in this case, viewed in the light most favorable to Mrs. Eaker, establishes the following relevant facts [for purposes of deciding the qi motion]. Mrs. Kathleen Eaker lives in Troy, Illinois, located in Madison County with her husband William Scott Eaker (“Mr. Eaker”). The incident in question began at 3:16 p.m. on July 23, 2010, when Deputy Nicholas Mooshegian of the Madison County Sheriff’s Department arrived at the Eaker residence to serve Mr. Eaker with an order of protection. The order specified that Mr. and Mrs. Eaker could not attend the Troy Homecoming celebration on July 23, 2010, but that they would be allowed to attend on July 24, 2010. Unfortunately for Deputy Mooshegian, the Troy Homecoming festivities began on July 23, 2010 at 4:00 p.m. giving him only 45 minutes to serve Mr. Eaker.

Upon arrival at the Eaker residence, Deputy Mooshegian informed Mrs. Eaker that he was there to serve her husband with an order of protection. In response, Mrs. Eaker called her husband and told him to return home because the deputy was there to serve him with an order of protection. Mrs. Eaker then informed Deputy Mooshegian that her husband had gone in to town to wash her Mustang for the Homecoming parade, buy candy, and pick up magnetic signs for the car. Mrs. Eaker further gave Deputy Mooshegian a description of her Mustang, the car’s license plate number, and the specific road Mr. Eaker would be taking to the Troy VFW where Mr. Eaker was to help fry fish at 4:00 p.m. Nevertheless, the deputy demanded that Mr. Eaker return home immediately. After this initial discussion, Mrs. Eaker told the deputy that she needed to go back inside her home to speak with her mentally challenged son and shower. She asked the deputy if he would like to wait inside until her husband returned home but he declined. While Mrs. Eaker was in the shower, Deputy Mooshegian began calling the house and knocking on the front door, but Mrs. Eaker did not answer. Deputy Mooshegian then called “On Duty Watch Commander Lt. Morris … who advised him to try and attempt to contact her a few more times.”

Unaware of the deputy’s attempts to contact her, Mrs. Eaker stepped outside the back of the house and called the courthouse to inquire about the order Deputy Mooshegian was attempting to serve. As she was on the phone, Deputy Mooshegian came up behind Mrs. Eaker and said, “he was not going to wait around all day while she called her lawyer.” The deputy then slapped the phone out of Mrs. Eaker’s hand, placed her under arrest for obstructing the service of process, and said “something like we will see how fast your husband would show up if I arrest you.”

The evidence in this case, viewed in the light most favorable to Mrs. Eaker, establishes the following relevant facts. Mrs. Kathleen Eaker lives in Troy, Illinois, located in Madison County with her husband William Scott Eaker (“Mr. Eaker”). The incident in question began at 3:16 p.m. on July 23, 2010, when Deputy Nicholas Mooshegian of the Madison County Sheriff’s Department arrived at the Eaker residence to serve Mr. Eaker with an order of protection. The order specified that Mr. and Mrs. Eaker could not attend the Troy Homecoming celebration on July 23, 2010, but that they would be allowed to attend on July 24, 2010. Unfortunately for Deputy Mooshegian, the Troy Homecoming festivities began on July 23, 2010 at 4:00 p.m. giving him only 45 minutes to serve Mr. Eaker.

Upon arrival at the Eaker residence, Deputy Mooshegian informed Mrs. Eaker that he was there to serve her husband with an order of protection. In response, Mrs. Eaker called her husband and told him to return home because the deputy was there to serve him with an order of protection. Mrs. Eaker then informed Deputy Mooshegian that her husband had gone in to town to wash her Mustang for the Homecoming parade, buy candy, and pick up magnetic signs for the car. Mrs. Eaker further gave Deputy Mooshegian a description of her Mustang, the car’s license plate number, and the specific road Mr. Eaker would be taking to the Troy VFW where Mr. Eaker was to help fry fish at 4:00 p.m. Nevertheless, the deputy demanded that Mr. Eaker return home immediately. After this initial discussion, Mrs. Eaker told the deputy that she needed to go back inside her home to speak with her mentally challenged son and shower. She asked the deputy if he would like to wait inside until her husband returned home but he declined.

While Mrs. Eaker was in the shower, Deputy Mooshegian began calling the house and knocking on the front door, but Mrs. Eaker did not answer. Deputy Mooshegian then called “On Duty Watch Commander Lt. Morris … who advised him to try and attempt to contact her a few more times.” Unaware of the deputy’s attempts to contact her, Mrs. Eaker stepped outside the back of the house and called the courthouse to inquire about the order Deputy Mooshegian was attempting to serve. As she was on the phone, Deputy Mooshegian came up behind Mrs. Eaker and said, “he was not going to wait around all day while she called her lawyer.” The deputy then slapped the phone out of Mrs. Eaker’s hand, placed her under arrest for obstructing the service of process, and said “something like we will see how fast your husband would show up if I arrest you.”

Mooshegian proceeded to arrest Mrs. Eaker.

Decision: No qi for the deputy, the sheriff or the county.

Written by Burgers Allday

August 3, 2012 at 6:17 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: