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FULK v. ROBERTS

No. 5-86-0596.

164 Ill. App.3d 194 (1987)

517 N.E.2d 1098

DELMAR FULK, Plaintiff-Appellee, v. WAYNE ROBERTS et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed November 9, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Bret A. Rappaport, Assistant Attorney General, of Chicago, and Michael Vujovich, Assistant Attorney General, of Springfield, of counsel), for appellants.

Jerry B. Smith, of Hohlt, House, DeMoss & Johnson, of DuQuoin, for appellee.

Judgment reversed.

JUSTICE LEWIS delivered the opinion of the court:

Plaintiff, Delmar Fulk, filed a two-count complaint in the circuit court of Perry County seeking compensatory and punitive damages for an alleged violation of his constitutional rights. Count I of the complaint purported to be at common law on a theory of unlawful detention. Count II was brought pursuant to 42 U.S.C. § 1983 (1982). In both counts, plaintiff claimed defendants, Wayne...

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