Bozek v. Bank of America, N.A.

Defendant Bank of America obtained summary judgment in mortgage foreclosure case against Plaintiffs. Property was sold at a judicial sale, and order confirming sale was entered. Court entered order of possession against Plaintiffs in forcible entry and detainer suit filed thereafter. During pendency of summary judgment motion, Plaintiffs had attempted to remove case to federal court, which dismissed notice of removal but failed to remand matter to circuit court. Orders of summary judgment and confirmation of sale were held void. Circuit judge's failure to inform sheriff that eviction order was invalid does not fall under "administrative" exception to judicial immunity, as that judge had and never lost subject-matter jurisdiction over the eviction case. Court properly dismissed claims against that judge on basis of judicial immunity. Court properly dismissed "wrongful foreclosure" claim, even if re-styled as a claim for abuse of process or slander of title. Claim for "wrongful eviction" was properly dismissed, as complaint did not seek restoration of possession. Court properly dismissed claim for false imprisonment, as the eviction was carried out by Sheriff pursuant to a lawful court order, and Defendant Bank's role was several steps removed, and complaint does not allege any restraint. (McBRIDE and BURKE, concurring.)