consider the license renewal and not the word is your argument that adequate procedures were unavailable or that the defendants in danger in arbitrary actions that chop the that license away from him does that answer the question actually work well better in that respect that is there what you've offered is evidence of spira see among local officials at least one of whom i gather has since gone to prison special investigator for the illinois liquor commission who said there that for the purposes of issues involved in this case that is the the way ice and street in all three types licenses get the same treatment but the wall it's a misleading to say that they are they should be they aren't separate well and there's there's no evidence is there the the mayor and the chief of police are going to wholesalers to try to keep them from selling to other address the kill injure case which seems to me just on the issue of license renewal alone is pretty tough for you to deal with well the absolute immunity for the mayor on the licens tension as part of a larger conspiracy if you want to make it a little bit stronger than that classic about the false arrest claim yes in particular there was fairly soon after churches were filed add and i take that this report is representative of what he knew the plaintiff even taking that light i don't believe that the mayor or anybody was trying to necessarily run this man out of town or do his business harm we have evidence to that effect well there's you have to accept that at this point i'm sorry we have evidence direct it with respect to the mayor's expressed intent and with respect to several specific steps taken to threat to accomplish that result well if we have to accept that and some are just look at my favorite client but i don't think take no facts to the thing of course it was rebutted by the mayor whether or not he said i don't care if the mayor repetitive i agree missing those facts are true those issues that the mayor said i want to run him out of town or i don't like i don't believe those raised to a due process they may be a state plane for horses and her friends that the drop or the how about just denial of equal protection of the laws as it you did not a good breastplates reliance equal protection class of one yes and one or two prongs there was no other similar situated situation with the plaintiffs in this particular case such that the class of one one can usually assume in this kind of situation as enjoin ask you that nobody else subjected to this kind of sustained harassed circuit said that we've got you know it's apt but immunity for the mayor and the mayor just did not act on it i don't believe there's just any roof refusal in fact one of the plaintiff in this case mr bronson took on the process those issues were  concession you're right and i'm not i certainly can't get past that i respect this agree with this absolute refusal and i think it's his select commission there's no question he did not act on it but i don't believe there's anything in the record that shows that he does maliciously is been insinuated or anything of that nature refusal to act on it he testified that he was considering issues they might be weak issues but according to the law he has absolute immunity when it comes dealing when he's the liquor commission and i understand that you read in the record that he just absolutely refused to act on it or refused to willfully refused to issue it i think the record is clear that he was being the commission that he was considering issues about slice honor i would agree that's an odd situation what remedy was available to mr brunson on the eve of the expiration of his license when there's been no decision yet well administrative law you have to wait for a final order or some definitive decision before you go to the next step and if there's been no action this looks like a great way to put somebody out of business for what is i understand your question in that when you were trying to i think i understood that it's that on the eve of the license just before its goes out he still has a license yes so there's nothing for him to review or to take process preview stossel i said no the reason that there's nothing for him to review is because the start the process she did it to appeal what the denial of the earth wasn't denied that's the problem appeal that is basic administrative law and it's so basic that the mayor's failure to act  right to operate while is appeal process ministry to process his point on and that's what the open back up and that process until the mayor they had three issues the license at a later day after the immunity afforded to a leopard commission is not should not or when it is a does that in this case it has not we have not applied it to this kind of kate's where all we're dealing with a lot more like adjudication a simple failure to act on what is basically a ministerial now cation unless there's an issue when one has been identified doesn't necessarily feel quite the same but i process here the undisputed evidence was that wade's only involved with plaintiff regarding the august seventh incident was as a prosecutor she reviewed the investigation file that was completed by the local police chief we m there was probable cause but it was presented with conflicting witness statements in the police report and she chose to believe with regard to you and that not that doesn't mean that was noble cause and certainly not a constitutional involvement she did anybody different in that regard and or over that there was no irrationality at the station because it's clear that once local police start investigating a matter the state the state police will not conversations with wade before the investigation and you've read that in my he's but those conversations when you read them in a rational way they say oh that she knew that he had a conflict of interest