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HONAKER v. SMITH

No. 00-2346.

256 F.3d 477 (2001)

Fred HONAKER, Plaintiff-Appellant, v. Gary SMITH, Mayor, individually and as Mayor of the Village of Lovington and as Fire Chief of the Lovington Fire Department, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 2001.

Attorney(s) appearing for the Case

David Sterns (argued), Heller, Holmes & Associates, Mattoon, IL, for plaintiff-appellant.

John F. Martin (argued), Meachum & Martin, Danville, IL, Stephen H. DiNolfo, Wheaton, IL, for defendant-appellee.

Before FLAUM, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

Fred Honaker filed a complaint against Gary Smith, the Mayor and Fire Chief of the Village of Lovington, Illinois ("the Village"), regarding the events surrounding a fire that consumed Mr. Honaker's house in Lovington. Two counts of the complaint, as amended, are before us on this appeal. In Count I, the complaint maintained that Mr. Smith, in his official capacity and under color of state law, had violated Mr. Honaker's rights under 42 U.S...

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