Latest Case: Dix v. Edelman Financial Services, LLC (Civil Rights)

The Questions I Would Have Asked Judge Amy Coney Barrett Before Voting for Her to Ascend to the United States Supreme Court

MARCI A. HAMILTON

Marci A. Hamilton—a professor at the University of Pennsylvania and one of the country’s leading church-state scholars—offers eight questions she would have asked Judge Amy Coney Barrett during her confirmation hearings. Hamilton points out that questioning a person’s religious affiliation is considered taboo because of the false, public mythology in the United States that religion is always good and pure, despite overwhelming evidence that religion, which is run by humans, often perpetuates domestic violence against women and children.

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Dix v. Edelman Financial Services, LLC

Docket: 18-2970

Opinion Date: October 19, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Landlord - Tenant, Real Estate & Property Law

For several years Miller provided Dix with living space in her basement, without payment of rent. Miller told Dix to move out so she could sell the house. He refused; Miller called the police. Officers told Miller that she could not evict Dix without a court order. Miller called the police again the next day. Officers arrived, allegedly knowing that there had been no domestic disturbance. They prevented Dix from entering the house while Miller hauled Dix’s things outside. Dix protested and yelled insults. Officers threatened to arrest him for disorderly conduct. Eventually, Dix left and got a moving van. When he returned, the officers allowed him inside to retrieve his property but refused him access to certain rooms and took his keys. Dix a pro se suit, with 12 causes of action against nine defendants. The district court struck the pleading citing “redundant, impertinent, and scandalous allegations.” Dix amended his complaint. adding seven causes of action and five defendants, including Fourth Amendment claims against the officers under 42 U.S.C. 1983. The Seventh Circuit affirmed the dismissal of the suit. With respect to the Fourth Amendment claims, the court noted that Dix was free to leave at any time and that Miller maintained complete possession and control over her home but had granted Dix a revocable license. When a license is revoked, the licensee becomes a trespasser. A seizure of property occurs when there is meaningful interference with an individual’s possessory interests; here there was none. Even if there were a seizure, it was reasonable.