HOUSTON v. PARTEE

No. 91-1624.

978 F.2d 362 (1992)

Elton HOUSTON and Robert Brown, Plaintiffs-Appellees, v. Cecil A. PARTEE, Cook County State's Attorney, Thomas Dwyer and Larry Wharrie, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 1992.


Attorney(s) appearing for the Case

Susan Shatz, Rick Halprin, Thomas Peters (argued), Chicago, Ill., for plaintiffs-appellees.

David R. Butzen (argued), Office of the State's Atty. of Cook County, Terry L. McDonald, Asst. State's Atty., Office of the State's Atty. of Cook County, Federal Litigation Div., Chicago, Ill., for defendants-appellants.

Before POSNER and MANION, Circuit Judges, and VAN SICKLE, Senior District Judge.


MANION, Circuit Judge.

In 1984, Elton Houston and Robert Brown were convicted of murdering Ronnie Bell and sentenced to thirty-five years in prison. In May 1985, while Houston's and Brown's appeals were pending, Anthony Sumner, a member of the notorious El Rukn gang, told law enforcement officials that Houston and Brown had not murdered Bell. Sumner identified the murderers as El Rukns J.L. Houston (Elton Houston's brother), Earl Hawkins and Derrick Kees. In February...

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