Seventh Circuit Affirms Dismissal of §1983 Claims against Alderman

The Seventh Circuit Court of Appeals recently affirmed a federal district court’s dismissal of §1983 claims against a suburban city alderman accused of punching the plaintiff during a confrontation over illegally parked vehicles. Laura C. Liu, Kelly M. Cherf, and Michael Tecson represented the alderman, and obtained a dismissal of the claims on the basis that the alleged conduct was not actionable under §1983 because it was unrelated to the performance of the defendant’s official duties. Laura C. Liu presented oral argument on behalf of the alderman in the appeal that followed. The Court of Appeals affirmed the dismissal, holding that the alderman’s actions were not made under color of state law and, therefore, could not be a basis for §1983 liability. (Wilson v. Price, No. 09-2904, 2010 WL 3861005 (7th Cir. Oct. 4, 2010))