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CUSHING v. CITY OF CHICAGO

No. 92-2286.

3 F.3d 1156 (1993)

Edward CUSHING, Plaintiff-Appellant, v. CITY OF CHICAGO and Alderman Edward J. Burke, Chairman of the City of Chicago Finance Committee, Walter Knorr, City Comptroller, and John Tully, Director of Personnel of the Chicago Fire Department, as agents of the City of Chicago, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 1993.

As Amended September 20, 1993.

Attorney(s) appearing for the Case

J. Peter Dowd, Dowd & Bloch, Chicago, IL (argued), for plaintiff-appellant.

Patricia M. Carroll-Smit, Office of Corporation Counsel, Jean Dobrer (argued), Kelly R. Welsh, Asst. Corp. Counsels, Benna R. Solomon, Office of Corp. Counsel, Appeals Div., Daniel J. Pierce, Lydon & Griffin, Chicago, IL, for defendants-appellees.

Before COFFEY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

KANNE, Circuit Judge.

Edward Cushing brought this suit under 42 U.S.C. § 1983, alleging the defendants had deprived him of property without due process of law in violation of the Fourteenth Amendment. The district court granted the defendants' motions to dismiss Cushing's second amended complaint pursuant to Fed. R.Civ.P. 12(b)(6). We affirm in part and reverse in part.

I.

Our summary of the facts is drawn from the plaintiff's second amended...

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