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SEGAL v. SACCO

No. 68038.

136 Ill.2d 282 (1990)

555 N.E.2d 719

WILLIAM SEGAL, Appellee, v. EUGENE SACCO, Deputy Sheriff, et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 23, 1990.

Attorney(s) appearing for the Case

Richard M. Daley and Cecil A. Partee, State's Attorneys, of Chicago (Joan S. Cherry, Deputy State's Attorney, and Myra J. Brown, Kenneth T. McCurry and Frank J. Oles, Assistant State's Attorneys, of counsel), for appellants.

Michael W. Rathsack, of Chicago (Louis S. Goldstein and Cindy G. Fluxgold, of counsel), for appellee.

James T. Newman, of Robert J. Cooney & Associates, of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Affirmed.

JUSTICE CALVO delivered the opinion of the court:

On December 9, 1985, plaintiff, William Segal, filed a complaint in the circuit court of Cook County against defendants, Deputy Sheriffs Eugene Sacco and Charles Thornton. Plaintiff alleged that defendants assaulted him while defendants were executing a levy on December 8, 1983. Plaintiff did not place his complaint for service with the sheriff.

On April 24, 1986, plaintiff filed a motion...

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