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NEWSOME v. McCABE

No. 00-2326.

260 F.3d 824 (2001)

James NEWSOME, Plaintiff-Appellee, v. John McCABE and Raymond McNally, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 2001.

Attorney(s) appearing for the Case

David Odom, Chicago, IL, Sean W. Gallagher, Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for Plaintiff-Appellee.

Lawrence Rosenthal (argued), Jean Dobrer, Office of Corporation Counsel, Appeals Division, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and EASTERBROOK and DIANE P. WOOD, Circuit Judges.

On Petition for Rehearing

PER CURIAM.

Defendants' petition for rehearing contends that it was not clearly established, when they acted, that the state's constitutional duty to avoid concealing materially exculpatory evidence ever imposed any obligations on police, as opposed to prosecutors. That proposition is incompatible with Jones v. Chicago, 856 F.2d 985 (7th Cir.1988), which dealt with police conduct at about...

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