Legal Opinion
Paul Smith and Gloria Smith v. L. Patrick Power
Court of Appeals for the Seventh Circuit
Decided October 6, 2003No. 03-1811PublishedCited by 159 opinions
1Opinion of the Court
ILANA DIAMOND ROVNER, Circuit Judge.
Paul and Gloria Smith sued L. Patrick Power, an assistant city attorney in Kan-kakee, Illinois, under 42 U.S.C. § 1983 for initiating proceedings to demolish a house on their property, allegedly in retaliation for Paul Smith’s public criticism of Power when Smith was a Kankakee alderman. The district court concluded that Power was entitled to absolute immunity from suit and dismissed the case. We affirm.
In determining whether to apply absolute immunity, we accept the facts in the complaint as true. Kalina v. Fletcher, 522 U.S. 118, 122, 118 S.Ct. 502, 139…
2Cases cited15 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
- Butz v. EconomouSupreme Court of the United States · 1978
- Buckley v. FitzsimmonsSupreme Court of the United States · 1993
- Burns v. ReedSupreme Court of the United States · 1991
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3Cited by159 opinions
- Nathson Fields v. Lawrence WharrieCourt of Appeals for the Seventh Circuit · 2014
- Sides v. City of ChampaignCourt of Appeals for the Seventh Circuit · 2007
- Williams v. City of Chi.District Court, E.D. Illinois · 2018
- Tully v. Rush County Prosecutor BaradaCourt of Appeals for the Seventh Circuit · 2010
- Thomas v. City of PeoriaCourt of Appeals for the Seventh Circuit · 2009
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