Published on:

Case Law Update: Section 1983 Actions

Golden Years Homestaed, Inc. v. Buckland, No. 07-1100 (2-19-09) found that the district court did not err in granting defendants-inspectors’ motion for summary judgment as to plaintiff-nursing home’s state court action alleging malicious prosecution arising out of defendants’ issuance of several citations alleging Medicaid-participation violations that were ultimately dismissed after administrative and judicial review. While plaintiff argued that evidence of disagreement between plaintiff’s Director of Nursing and one defendant during inspection of nursing home constituted sufficient evidence of “malice” for purposes of supporting malicious prosecution claim, record failed to establish requisite personal animosity on part o f defendants to support plaintiff’s claim. Ct. similarly found that evidence of defendants’ “raised voices”, “door slamming” and/or inadequate investigation as to two alleged violations did not establish personal animosity on part of defendants. This seventh circuit case will greatly affect Illinois cases.