United States Seventh Circuit

In plaintiff's suit under 42 U.S.C. section 1983 for violations of equal protection and free speech under the First and Fourteenth Amendments against a town and related individuals for what he claimed was an unconstitutional firing, district court's judgment is affirmed in part, reversed in part and remanded where: 1) summary judgment was appropriate on plaintiff's equal protection, First Amendment, and civil rights conspiracy claims; 2) district court improperly granted summary judgment for defendant on its fiduciary duty claim as without some Illinois authority or any indication in the text, it cannot be concluded that the Board of Fire and Police Commissioners (BOFPC) statutes imposed a fiduciary duty on plaintiff; and 3) because defendant's judgment on liability is reversed, the $302,437.79 damages award to defendant cannot stand.

Appellate Information

• Argued 02/10/2010
• Decided 08/27/2010
• Published 08/27/2010

Judges

• TINDER

Court

• United States Seventh Circuit

Counsel