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AURIEMMA v. RICE

No. 89-1479.

895 F.2d 338 (1990)

John AURIEMMA, Daniel Coll, Marshall Consadine, Renaldo Cozzi, Kenneth Curin, Russell Ditusa, Thomas Faragoi, Lawrence Forberg, John Hinchy, Kathryn Kajari, George Marcin, Patrick McDonough, Walter Murphy, John Rafter, Dominic Rizzi, James Stampnick, Thomas Walton and Roger Whalen, Plaintiffs-Appellees, v. Fred RICE, Defendant-Appellant, and City of Chicago, Defendant.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1990.

As Amended March 6, 1990.

Attorney(s) appearing for the Case

John L. Gubbins (argued), Gubbins & Associates, Chicago, Ill., for plaintiffs-appellees.

Judson H. Miner, Corp. Counsel, Frederick S. Rhine, and Phillip H. Snelling, Asst. Corp. Counsel, James D. Montgomery, Corp. Counsel, Office of the Corporation Counsel, Langdon D. Neal, Earl L. Neal & Associates, Matthew J. Piers, Gessler, Flynn, Laswell, Fleischmann, Hughes & Socol, Chicago, Ill., Ruth Moskovitch, for defendant-appellant.

Before BAUER, Chief Judge, WOOD, Jr. and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

This case was brought by eighteen white police officers of the Chicago Police Department who claim they were demoted based on race in violation of the equal protection clause of the fourteenth amendment, and 42 U.S.C. §§ 1981, 1983, and 1985(3), by defendant Fred Rice, former Superintendent of the Chicago Police Department. Rice filed a motion for summary judgment based on qualified immunity which was granted with regard to plaintiffs...

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