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MANISCALCO v. SIMON

No. 11-2402.

712 F.3d 1139 (2013)

Anthony MANISCALCO, Plaintiff-Appellant, v. Jay SIMON and Jeffrey Hauptman, Gurnee Police Officers, and McDonald's Restaurants of Illinois, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 2013.

Attorney(s) appearing for the Case

Richard D. Grossman (argued), Attorney, Chicago, IL, for Plaintiff-Appellant.

Lucy B. Bednarek (argued), Attorney, Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, P.C., Gerald M. Dombrowski , Attorney, Sanchez Daniels & Hoffman LLP, Chicago, IL, for Defendants-Appellees.

Before BAUER, ROVNER, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

One evening in March 2007 Anthony Maniscalco hosted a birthday for a local politician at his restaurant in Gurnee, Illinois. When the festivities ended, Maniscalco capped the night with two celebratory shots of Patrón tequila and a trip to a nearby McDonald's, where he encountered Fidel Castro working at the drive-through window. Minutes before Maniscalco arrived, a Gurnee police officer had stopped at the drive-through, but not to buy food...

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