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WHITLEY v. SEIBEL

Nos. 80-2522, 80-2565.

676 F.2d 245 (1982)

N. W. WHITLEY, Plaintiff-Appellee, Cross-Appellant, v. George W. SEIBEL, individually and as a police officer of the Chicago Police Department, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 1982.

Attorney(s) appearing for the Case

Cheryl L. Smalling, Corp. Counsel, Chicago, Ill., for defendant-appellant/cross-appellee.

Donald T. Bertucci, Chicago, Ill., for plaintiff-appellee/cross-appellant.

Before CUMMINGS, Chief Judge, SPRECHER and POSNER, Circuit Judges.

CUMMINGS, Chief Judge.

N. W. Whitley was arrested and charged with crimes for which he had a complete alibi defense. Nonetheless he remained in the Cook County Jail from October 14, 1974, the date of his arrest, until February 3, 1975, when the state asked leave to nolle prosequi the criminal charges and the case was dismissed. Thereafter Whitley filed a damage action under 42 U.S.C. § 1983. We reversed the first judgment in Whitley's favor, Whitley v. Seibel...

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