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GARCIA v. CITY OF CHICAGO, ILL.

No. 92-4090.

24 F.3d 966 (1994)

Rafael GARCIA, Plaintiff-Appellant, v. CITY OF CHICAGO, ILLINOIS, Anna Gall, County of Cook, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 19, 1994.

Rehearing and Suggestion for Rehearing Denied August 15, 1994.

Attorney(s) appearing for the Case

John B. Cashion, Chicago, IL (argued), for Rafael Garcia.

Diane Larsen, Robert W. Barber, Asst. Corp. Counsel, (argued), Office of Corp. Counsel, Lawrence Rosenthal, Deputy Corporate Counsel, Frederick S. Rhine, Asst. Corp. Counsel (argued), Kelly R. Welsh, Asst. Corp. Counsel, Geri L. Yanow, Benna R. Solomon, Office of Corp. Counsel, Appeals Div., Chicago, IL, for City of Chicago, IL and Anna Gall.

David R. Butzen, Connie R. Barba, Terry L. McDonald, Asst. State Atty., Office of State's Atty., of Cook County, Federal Litigation Div., Chicago, IL, for County of Cook, C. Richard English, Jack O'Malley and Michael F. Sheahan.

Before WOOD, Jr., CUDAHY, and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 15, 1994.

HARLINGTON WOOD, JR., Circuit Judge.

On March 15, 1991, Chicago Police Officer Anna Gall arrested Rafael Garcia, who at the time was on probation for two felonies and had an outstanding bond forfeiture warrant, for possession of a controlled substance. Officer Gall had discovered by Garcia's feet a plastic bag containing a white, powdery substance, but did not test the substance before...

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