Kinkus v. Village of Yorkville

While I agree with the majority that there is insufficient evidence in the record to support Plaintiff Robert Kinkus’ (“Kinkus”) Fourth Amendment malicious prosecution claim, I do not share the majority’s view that Defendants, James Popp (“Popp”) and Gary Anderson (“Anderson”), should have been granted qualified immunity on Kinkus’ First Amendment retaliatory prosecution claim. I am also troubled by the majority’s sua sponte decision to reverse the district court’s grant of summary judgment to Kinkus on his municipal liability claim against the Village of York-ville (the “Village”), given…