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SMITH v. SPRINGER

No. 87-2452.

859 F.2d 31 (1988)

Theodore SMITH, Plaintiff-Appellant, v. Jerry SPRINGER, Richard O'Connell, and Daniel Chilla, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Kenneth N. Flaxman, P.C., Chicago, Ill., for plaintiff-appellant.

L. Anita Richardson, Corp. Counsel, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and COFFEY and MANION, Circuit Judges.

BAUER, Chief Judge.

On May 12, 1968, Theodore Smith was arrested and charged with the rape of Shirley Johnson. Ms. Johnson had reported a rape to the Chicago Police Department on April 25, 1968. Chicago police officers escorted her to Billings Hospital at the University of Chicago where a doctor examined her. The doctor took a vaginal smear which failed to show the presence of sperm. According to a police report introduced at Smith's trial, Officer Daniel Chilla,...

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