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00-2346 Honaker v. Smith

By: dmc-admin//July 2, 2001//

00-2346 Honaker v. Smith

By: dmc-admin//July 2, 2001//

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“We agree with the district court’s conclusion that, on this record, any action taken by Mr. Smith to cause Mr. Honaker’s house to burn to the ground was not effectuated under color of state law. Mr. Honaker does not explain how such an act was related to any official duty or activity of Mr. Smith as Mayor of Lovington or as its Fire Chief. Moreover, Mr. Honaker makes no substantive contention that Mr. Smith used the cloak of his authority as mayor or fire chief or any indicia of his office to set such a fire. … Under these circumstances, we agree with the district court that there was no basis upon which a reasonable jury could conclude that Mr. Smith violated Section 1983 by causing Mr. Honaker’s house to be set afire.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Ripple, J.

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