Niebur v. Town of Cicero

ON MOTION TO RECONSIDER

BUCKLO, District Judge.

In an order of March 29, 2002,1 granted the defendants’ post trial motions in part, among other things, allowing a new trial on the due process liberty claim. I relied upon an Illinois Supreme Court decision, Bovinette v. City of Mascoutah, 55 Ill.2d 129, 302 N.E.2d 313 (1973), which, if good law, would dictate that result. The plaintiffs have called my attention to Illinois Public Act 80-819, legislatively overruling Bovinette, and to several cases supporting that interpretation. See Robinson v. Akins, No. 89 C 5413, 1990 WL 71285, at *8-9…