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KILLINGER v. JOHNSON

No. 04-1492.

389 F.3d 765 (2004)

David KILLINGER, Plaintiff-Appellant, v. Don JOHNSON, Individually, and as Mayor and Liquor Commissioner, and Village of Port Byron, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Eric J. Ryan (argued), Winstein, Kavensky & Wallace, Rock Island, IL, for Plaintiff-Appellant.

Karen L. Kendall, Craig L. Unrath (argued), Heyl, Royster, Voelker & Allen, Peoria, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff-appellant David Killinger owns a bar and restaurant in the Village of Port Byron, Illinois. Because plaintiff's establishment allegedly had sold beer to an underage man, the mayor of Port Byron temporarily closed the business, suspended Killinger's license, and imposed a fine. Killinger subsequently filed this suit in federal court under 42 U.S.C. § 1983 against the mayor and the village, alleging violations of the Equal Protection...

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