DIDONATO v. PANATERA

No. 20-1692.

24 F.4th 1156 (2022)

Kylie DIDONATO, Plaintiff-Appellant, v. Tim PANATERA, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 2022.


Attorney(s) appearing for the Case

Nicholas F. Esposito , Attorney, Esposito & Staubus, Burr Ridge, IL, for Plaintiff-Appellant.

Michael D. Gallo , Ellen J. O'Rourke , Attorneys, Bruce Farrel Dorn & Associates, Chicago, IL, for Defendant-Appellee Tim Panatera.

Stephen G. Collins , Attorney, City of Chicago Law Department, ChicagO, IL, Defendant-Appellee City of Chicago.

Before Ripple, Rovner, and Scudder, Circuit Judges.


Section 1983 lawsuits can raise hard questions about whether misconduct constitutes state or private action. While the wrongdoing alleged here is plenty disturbing, we find the line drawing more straightforward. Kylie DiDonato was seriously injured when she fell and hit her head in Tim Panatera's bathroom. DiDonato later...

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