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SWANK v. SMART

No. 92-2998.

999 F.2d 263 (1993)

Gary D. SWANK, Plaintiff-Appellant, v. James SMART, Individually and as City Marshal, City of Carthage, Illinois, James R. Nightingale, Individually and as Mayor of the City of Carthage and as a member of the Public Safety Committee of the City Council of Carthage, Illinois, William Tomlinson, Individually and as a member of the Public Safety Committee of the City Council of Carthage, Illinois, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1993.

Attorney(s) appearing for the Case

John H. Bisbee (argued), Macomb, IL, for plaintiff-appellant.

Stephen D. Gay, Jeffrey A. Ryva, Husch & Eppenberger, Mary W. McDade (argued), Julie A. Ward, Quinn, Johnston, Henderson & Pretorius, Peoria, IL, for defendants-appellees.

Before POSNER, FLAUM, and RIPPLE, Circuit Judges.

PER CURIAM.

Gary Swank appeals from an unfavorable jury verdict. Briefly, the relevant facts are as follows.1 In 1986, Swank, who is married, worked as a Carthage police officer, on probation for rule infractions. While off-duty, he gave a young, female college student an after-midnight joyride on the back of his motorcycle. Another officer observed the encounter and reported it to the police chief, James Smart. Swank lied about the incident...

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