Zapata v. Hartigan

MEMORANDUM OPINION

GRADY, District Judge.

This case is before us on plaintiffs motion for injunctive relief from prosecution and defendants’ motion to dismiss plaintiff’s complaint. We deny the former and grant the latter.

FACTS

Plaintiff Dr. Helio Zapata is a licensed obstetrician who has been practicing medicine in Illinois since 1971. On October 4, 1988, he was indicted for allegedly accepting “kickbacks” in violation of Ill.Rev.Stat. eh. 23, ¶ 8A-3(b) (1985) (“statute”).1 Plaintiff filed this action challenging the constitutionality of the statute, both on its face and as applied to him, and…