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PACELLI v. deVITO

No. 91-1086.

972 F.2d 871 (1992)

Nancy PACELLI, as Independent Administrator of the Estate of Huron Loyd Cain, Plaintiff-Appellant, v. Robert deVITO, et al, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1992.

Attorney(s) appearing for the Case

Linda K. Stevens (argued), Deborah A. Golden, Robert H. Riley, Beth A. Stone, James R. McDaniel, Carol R. Prygrosky, Robert B. Foster, Schiff, Hardin & Waite, Chicago, Ill., for plaintiff-appellant.

Neil F. Hartigan, Atty. Gen., Gary E. Medler, Paul Millichap, Office of the Atty. Gen., Thomas C. Crooks (argued), Kalish & Colleagues, Jennifer A. Keller, Asst. Atty. Gen., Civ. Appeals Div., Patricia Borner, Janet A. Richmond, Debra J. Anderson, Katherine Novak, Donald R. Zoufal, Illinois Dept. of Corrections, Chicago, Ill., for defendants-appellees.

Before CUMMINGS and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

Huron Loyd Cain was trapped in a mental institution by two common features of bureaucracy: specialization and apathy. Although Cain was held 19 months after a psychiatrist concluded that he was no longer dangerous and ordered his discharge, each person he accuses has a plausible reply that he saw such a small portion of the picture that he cannot properly be called on to pay damages, and that his job description did not require him to learn...

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