Kinkus v. Village of Yorkville

ORDER AND OPINION

MARBLEY, District Judge.

I. INTRODUCTION

This matter comes before the Court on Plaintiff Robert Kinkus’ Motion for Partial Summary Judgment against Defendant Officer James Popp. 1 For the reasons stated herein, the Court GRANTS Plaintiffs Motion for Partial Summary Judgment against Defendant Popp.

II. BACKGROUND

A. Facts

On September 18, 2004, weather conditions caused a flood in Yorkville, Ohio. 2 Because of the rising floodwaters, many of Yorkville’s streets were closed to traffic, including Ohio Route 7, the major street running through the Ohio River Valley.

On the day of the…