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SMITH v. CITY OF CHICAGO HEIGHTS

No. 90-2976.

951 F.2d 834 (1992)

King SMITH, Jr., Plaintiff-Appellant, v. CITY OF CHICAGO HEIGHTS, a body politic and municipal corporation, Charles Ewers, individually and as agent of the City of Chicago Heights and Robert Pinnow, individually and as agent of the City of Chicago Heights, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1992.

Attorney(s) appearing for the Case

Lawrence H. Hyman, Chicago, Ill. (argued), for plaintiff-appellant.

Charles E. Hervas, James G. Sotos, James R. Schirott, Michael W. Condon (argued), Patrick K. Bond, Phillip A. Luetkehans, A.J. Pankau, Jr., Michael D. Bersani, Schirott & Hervas, Itasca, Ill., for defendants-appellees.

Before CUMMINGS and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

In 1985, King Smith, Jr., was allegedly assaulted by one of several police officers who had stopped his vehicle. Mr. Smith initially brought suit against the wrong party, and it was not until March 19, 1990, that Mr. Smith brought this civil rights action against the present defendants. The district court granted the defendants' motion to dismiss on the ground that the two-year statute of limitations had expired. For the following reasons, we...

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