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KOZUSZEK v. BREWER

No. 07-3224.

546 F.3d 485 (2008)

Nicole KOZUSZEK and Wesley Kozuszek, Jr., Plaintiffs-Appellants, v. Dale BREWER, in her individual capacity, and George Nelson, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 8, 2008.

Attorney(s) appearing for the Case

Edward W. Hearn (argued), Johnson & Bell, Highland, IN, for Plaintiffs-Appellants.

Elizabeth A. Knight, Jeanne M. Anderson (argued), Knight, Hoppe, Kurnik & Knight, Des Plaines, IL, for Defendants-Appellees.

Before KANNE, WILLIAMS, and TINDER, Circuit Judges.

WILLIAMS, Circuit Judge.

Nicole Kozuszek and her brother Wesley Kozuszek, Jr., lived in Porter County, Indiana. On November 4, 2003, the Kozuszeks voted in an Indiana general election, but because of questions surrounding their residence, election officials spoiled (i.e., did not count) their ballots. Now the Kozuszeks have sued two Porter County officials under 42 U.S.C. § 1983, alleging that these officials violated the Kozuszeks' federal constitutional rights...

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