DURHAN v. NEOPOLITAN

No. 88-2108.

875 F.2d 91 (1989)

James T. DURHAN, Plaintiff-Appellant, v. Robert NEOPOLITAN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 20, 1989.


Attorney(s) appearing for the Case

Lonny B. Ogus, Chicago, Ill., for plaintiff-appellant.

Madeleine S. Murphy, Office of the State's Atty. of Cook County, Chicago, Ill., for defendants-appellees.

Before CUMMINGS and KANNE, Circuit Judges, and GRANT, Senior District Judge.


CUMMINGS, Circuit Judge.

This appeal involves the confiscation of two vehicles belonging to the plaintiff, James T. Durhan, and his proprietorship, J & B Towing, Inc., by defendants acting as agents of the Sheriff of Cook County. The district court granted defendants' motion for summary judgment on the grounds of claim preclusion and qualified immunity of the defendants. We affirm on more limited grounds.

I.

Plaintiff's two vehicles, a 1973 GMC...

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