Sturdivant v. Hernandez et al
MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 1/30/2017. Mailed notice(cdh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
LEO HERNANDEZ, MATTHEW
GRUCA, RAY McCLUSKEY, and
Case No. 16-cv-3316
Judge Robert M. Dow, Jr.
MEMORANDUM OPINION AND ORDER
Plaintiff Yasmeen Sturdivant (“Plaintiff”) brings suit against Sheriff Ray McCluskey,
Sergeant Leo Hernandez, Christine Rodriguez, and Matthew Gruca (collectively, “Defendants”)
for alleged violations of her due process and equal protection rights in connection with the
service of an eviction notice on a home that Plaintiff occupied in Crete, Illinois. Currently before
the Court are Gruca and Rodriguez’s motion to dismiss , McCluskey and Hernandez’s
motion to dismiss , and Plaintiff’s motion for summary judgment . For the reasons that
follow, Defendants’ motions to dismiss,  and , are granted and Plaintiff’s motion for
summary judgment  is denied. The Court will enter a final judgment and close the case.
This lawsuit arises out of the foreclosure of Plaintiff’s mortgage on a property located at
23820 South Sara Court in Crete, Illinois (the “Property”) and subsequent attempts to evict
Plaintiff from the Property. In 2008, U.S. Bank National Association (“US Bank”) brought suit
For purposes of Defendants’ motions to dismiss, the Court assumes as true all well-pled allegations set
forth in the complaint . See Mutter v. Madigan, 17 F. Supp. 3d 752, 756 (N.D. Ill. 2014). Since
Defendants have moved to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), the
Court also takes into consideration the evidence submitted by the parties to determine if jurisdiction
exists. See County of Cook v. HSBC N. Am. Holdings Inc., 136 F. Supp. 3d 952, 958 (N.D. Ill. 2015).
against Plaintiff in the Circuit Court for Will County, Illinois (“Circuit Court”) to foreclose
Plaintiff’s mortgage on the Property. See [22-1]. The Circuit Court granted US Bank’s motion
for foreclosure and sale and ordered a judicial sale of the property. See id. at 4. The Property
was sold to US Bank and the sale was approved by the Circuit Court on October 28, 2014. See
[22-2]. The Circuit Court’s order directed the Sheriff of Will County to “place [US Bank] in
possession of the” Property and “to evict” Plaintiff from the Property. Id. at 3. The order also
stated that US Bank or its assignee “shall be entitled to possession of the subject premises 30
days after entry of this Order, without further Order of Court, as provided in 735 ILCS 5/151701.” Id.; see also 735 ILCS 5/15-1701(d) (“The holder of the certificate of sale or deed issued
pursuant to that certificate . . . shall be entitled to possession of the mortgaged real estate, as of
the date 30 days after the order confirming the sale is entered, against those parties to the
foreclosure whose interests the court has ordered terminated, without further notice to any party,
further order of the court, or resort to proceedings under any other statute other than this Article.”
Id. § 5/15-1701(d)).
On October 15, 2015, US Bank filed a complaint against “Unknown Occupants” of the
Property in the Circuit Court, claiming possession of the Property. [22-5]. On January 8, 2016,
the Circuit Court granted US Bank’s motion for an order of forcible entry and detainer. [22-6].
On January 25, 2016, the Will County Sheriff’s Office placed a final eviction notice on the
Property, directed to “Occupants.” [22-7]. The eviction notice stated that “[t]he courts have
rendered a Judgment against you for the possession of the premises” and warned that occupants
would be forcibly evicted as soon as November 27, 2016. Id. at 2. On March 1, 2016, the Will
County Sheriff’s Office placed another final eviction notice on the Property, directed to
“Unknown Occupants.” [22-8]. On March 7, 2016, Sheriff Ray McCluskey delivered another
notice to “Occupants” of the Property warning them that the eviction would occur on March 17,
2016 beginning at 8:30 a.m. [22-9].
On March 15, 2016, Plaintiff filed the instant action under 42 U.S.C. § 1983 against
Sheriff McCluskey, Sergeant Leo Hernandez, Christine Rodriguez, and Matthew Gruca. See 
at 1. The complaint acknowledges that the eviction notices described above were placed on the
Property. It further alleges that after Plaintiff received the March 7, 2016 notice, she called
Sergeant Hernandez and told him she was not an “unknown occupant,” and Hernandez told her
that she would be evicted.  at 3. The complaint alleges that Plaintiff then called Rodriguez,
an attorney at Pierce & Associates, P.C., and Rodriguez also advised Plaintiff that she would be
evicted. Id. (Although Plaintiff does not explain who Defendant Gruca is or what connection he
has to this case, Gruca’s motion to dismiss clarifies that he is also an employee of Pierce &
Associates, P.C. See  at 4.) The complaint denies that the Sheriff’s Office had a right to
evict Plaintiff and asserts that Rodriguez provided Plaintiff with inaccurate legal advice by
telling her that she would be evicted. Plaintiff seeks unspecified declaratory and injunctive relief
and $50,000 in damages for pain and suffering.
Defendants’ Motions to Dismiss , 
The dispositive issue before the Court is whether Plaintiff’s complaint is barred by the
Rooker-Feldman doctrine. This doctrine “precludes federal courts from engaging in appellate
review of state court decisions or from considering collateral attacks on state court civil
judgments,” and therefore a Rooker-Feldman challenge is brought under Federal Rule of Civil
Procedure 12(b)(1), which challenges the Court’s subject-matter jurisdiction. Long v. Shorebank
Dev. Corp., 182 F.3d 548, 553 (7th Cir. 1999); see also Fed. R. Civ. P. 12(b)(1).
For purposes of a motion to dismiss under Rule 12(b)(1), the Court “accepts all wellpleaded factual allegations as true and construes all reasonable inferences in the plaintiff’s
favor.” Mutter, 17 F. Supp. 3d at 756. In ruling on the motion, the district court may look
beyond the jurisdictional allegations alleged in the complaint and take into consideration
whatever evidence has been submitted on the issue to determine if subject matter jurisdiction
exists. HSBC N. Am. Holdings, 136 F. Supp. 3d at 958. Therefore, in ruling on Defendants’
motions, the Court will consider both the allegations in Plaintiff’s complaint and the documents
attached to Defendants’ motions. The burden of proof is on the party asserting that jurisdiction
exists—here, Plaintiff. Id.; see also Gonzalez v. Bank of Am., N.A., 2014 WL 26283, at *2 (N.D.
Ill. Jan. 2, 2014) (“the plaintiff bears the burden of establishing the basis for the court’s
Defendants argue that Plaintiff’s complaint should be dismissed because, among other
reasons, it is barred by the Rooker-Feldman doctrine in that it is a direct attack on orders entered
by the Will County Circuit Court.
Pursuant to the Rooker–Feldman doctrine, which takes its name from Rooker v. Fidelity
Trust Co., 263 U.S. 413 (1923), and D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983),
lower federal courts such as this one do not have the authority to hear cases “complaining of
injuries caused by state-court judgments rendered before the district court proceedings
commenced and inviting district court review and rejection of those judgments.” Exxon Mobil
Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). The doctrine applies in two
instances. “The first involves a plaintiff's request of a federal district court to overturn an
adverse state court judgment.” Brown v. Bowman, 668 F.3d 437, 442 (7th Cir. 2012). “The
second, and more difficult instance, involves federal claims that were not raised in state court or
do not on their face require review of a state court’s decision,” but are nonetheless inextricably
intertwined with the state court’s decision. Id. “[T]he thrust of the ‘inextricably intertwined’
inquiry asks whether ‘the district court is in essence being called upon to review the state-court
decision.’” Id. (quoting Taylor v. Fed. Nat. Mortg. Ass’n, 374 F.3d 529, 533 (7th Cir. 2004)). In
either instance, “[n]o matter how erroneous or unconstitutional the state court judgment may be,
the Supreme Court of the United States is the only federal court that could have jurisdiction to
review a state court judgment.” Remer v. Burlington Area Sch. Dist., 205 F.3d 990, 996 (7th Cir.
Thus, the Court must assess whether Plaintiff’s claims ask the Court to overturn or are
inextricably intertwined with the Will County Circuit Court’s judgments in the underlying
foreclosure action. Although the complaint’s allegations are unclear, Plaintiff appears to be
asserting that (1) Hernandez and McCluskey had no right to evict her because the eviction
notices did not specifically name her, as allegedly required by Illinois’ foreclosure laws; (2)
Rodriguez incorrectly told Plaintiff that she would be evicted based on these ineffective eviction
notices; and (3) Defendants’ actions therefore violated Plaintiff’s rights to due process and equal
All three of these arguments flow from the premise that the eviction notices were invalid
under Illinois foreclosure laws.2 Plaintiff’s discussion of Illinois law is unclear but, as best the
Plaintiff cites to three provisions of the Illinois foreclosure laws which have no apparent relevant to her
legal or factual claims. First, she cites to 735 ILCS 5/15-1505(g), a subsection of the Illinois statutes that
does not exist. See  at 2. Second, she cites to 735 ILCS 5/15-1508(a), which requires the person
conducting a foreclosure sale to make a prompt report to the court. See  at 2-3. Plaintiff’s complaint
does not contain any allegations concerning a foreclosure sale or report to the court. Third, she cites
to735 ILCS 5/15-1701(h), which authorizes the purchaser at a foreclosure sale to “file a supplemental
petition for possession against a person not personally named as a party to the foreclosure.” 735 ILCS
Court can gather, Plaintiff intends to rely on 735 ILCS 5/15-1508(g) to support her argument that
the eviction notices were invalid due to their failure to specifically name her. See  at 2.
Section 5/15-1508(g) “prohibits execution of a possession order which authorizes removal of
generically described persons from mortgaged premises.” Fairbanks Capital v. Coleman, 816
N.E.2d 695, 701 (Ill. App. 2004) (citing 735 ILCS 5/15–1508(g)). Plaintiff’s complaint, in
essence, calls on the Court to review the Circuit Court’s October 28, 2014 possession order.
Brown, 668 F.3d at 442. The Court cannot hold that Section 5/15-1508(g) entitled Plaintiff to be
specifically named on the eviction notice without calling into question the Circuit Court’s
October 28, 2014 possession order; nor can the Court hold that Defendants violated Plaintiff’s
due process or equal protection rights by serving the eviction notices or providing legal advice
that the eviction notices applied to Plaintiff. The October 28, 2014 order granted possession of
the Property to US Bank and entitled US Bank to “possession of the subject premises 30 days
after entry of this Order, without further Order of Court.” [22-2] at 3. It also specifically
ordered the Will County Sheriff to evict Plaintiff. Id. (“the Sheriff is further ordered to evict:
YASMEEN STURDIVANT; now in possession of the premises commonly known as 23820
SOUTH SARA COURT, CRETE, IL 60417”).
This case is similar to Allen v. Heritage Place Homeowners Ass’n, 2014 WL 2700843, *2
(N.D. Ill. June 13, 2014). There, the Court held that the Rooker-Feldman doctrine barred the
plaintiffs’ claim that they were improperly evicted from a property because they were not named
in a state lawsuit, where ruling in the plaintiffs’ favor would undermine the state court ruling
awarding possession of the property to one of the defendants. Id. at *2; cf. Taylor, 374 F.3d at
532 (finding that Rooker–Feldman barred the plaintiff from attacking state-court foreclosure
5/15-1701(h). This provision is not applicable to Plaintiff, because she was personally named as a party
to US Bank’s foreclosure action. See [22-1].
judgment or seeking damages from the foreclosure of the property). Therefore, Plaintiff’s claims
are barred by the Rooker-Feldman doctrine and the Court does not have subject matter
jurisdiction over Plaintiff’s complaint.
Plaintiff’s Motion for Summary Judgment 
Because the Court lacks jurisdiction over Plaintiff’s complaint, the Court has no authority
to entertain Plaintiff’s motion for summary judgment. Therefore, the motion for summary
judgment  is denied.
For the forgoing reasons, Gruca and Rodriguez’s motion to dismiss  is granted,
McCluskey and Hernandez’s motion to dismiss  is granted, and Plaintiff’s motion for
summary judgment  is denied. The Court will enter a final judgment and close the case.
Dated: January 30, 2017
Robert M. Dow, Jr.
United States District Court Judge
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