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Summary Judgment – Issue of Material Fact

By: Derek Hawkins//October 26, 2021//

Summary Judgment – Issue of Material Fact

By: Derek Hawkins//October 26, 2021//

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7th Circuit Court of Appeals

Case Name: FKFJ, Inc., et al., v. Village of Worth, et al.,

Case No.: 20-2396

Officials: MANION, SCUDDER, and KIRSCH, Circuit Judges.

Focus: Summary Judgment – Issue of Material Fact

Isam Samara and Muwafak Rizek formed FKFJ, Inc. to operate Saraya Restaurant & Banquet and Zaman Café in Worth, Illinois. Mary Werner was Village President at the time, and she decided to run for reelection the year Saraya opened. FKFJ supported Werner’s political opponent in the election.

Around the same time, FKFJ had various disputes with the Village of Worth. Based on these clashes, FKFJ filed this § 1983 action alleging First Amendment, equal protection, and due process violations. The district court granted summary judgment for the defendants. On appeal, FKFJ argues the court erred by ignoring genuine disputes of material fact and by making credibility determinations. While our review of the record reveals various factual disputes, none are genuine and material. We affirm.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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