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07-3483 - Kinkus v. Village of Yorkville, et al


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07-3483 - Kinkus v. Village of Yorkville, et al
August 13, 2008
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OPINION filed: The district court's denial of qualified immunity to Popp on the malicious prosecution claim is REVERSED; The district court's denial of qualified immunity to Popp and Anderson on the retaliation claims is REVERSED; The district court's grant of summary judgment for Kinkus on his malicious prosecution claim against Popp and his retaliatory prosecution claim against Anderson are REVERSED; The district court's grant of summary judgment for Kinkus on Kinkus's municipal liability claim against Yorkville is REVERSED; Kinkus's claims for malicious prosecution, retaliation, and municipal liability are DISMISSED. Decision not for publication pursuant to local rule 28(g). Richard F. Suhrheinrich, Authoring Circuit Judge; Eric L. Clay, Circuit Judge (Submitted Separate Dissenting Opinion) and Deborah L. Cook, Circuit Judge.