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STEVENS v. UMSTED

No. 96-2071.

131 F.3d 697 (1997)

Ronald E. STEVENS, Individually and as Guardian of the Person and Estate of Bradley Edwin Stevens, a disabled person, Plaintiff-Appellant, v. Richard UMSTED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1997.

Attorney(s) appearing for the Case

M. John Hefner, Jr. (argued), Hefner & Eberspacher, Matoon, IL, for Plaintiff-Appellant.

Rita M. Novak, Office of the Atty. General, Chicago, IL, A. Benjamin Goldgar (argued), Office of the Atty. General Civil Appeals Div., Chicago, IL, for Defendant-Appellee.

Before HARLINGTON WOOD, JR., COFFEY and EASTERBROOK, Circuit Judges.

COFFEY, Circuit Judge.

Ronald E. Stevens ("Stevens"), both individually and as guardian of his son, Bradley Edwin Stevens ("Bradley") brought an action for damages pursuant to 42 U.S.C. § 1983 against Richard Umsted, the superintendent of the Illinois School for the Visually Impaired ("ISVI"). The complaint failed to specify whether Umsted was being sued in his official capacity, individual capacity, or both. Stevens claimed that while his blind and developmentally...

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