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MORRELL v. MOCK

No. 00-1429.

270 F.3d 1090 (2001)

Stacey MORRELL, individually and as next friend for Joshua Morrell, an infant, Plaintiff-Appellant, v. Philip MOCK, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 1, 2001.

Rehearing and Rehearing Denied December 12, 2001.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued), Chicago, IL, for Plaintiff-Appellant.

Gerald Haberkorn, Ronald L. Sandack (argued), Lowis & Gellen, Chicago, IL, William J. Holloway, Hinshaw & Culbertson, Chicago, IL, James G. Sotos (argued), Hervas, Sotos, Condon & Bersani, Itasca, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and KANNE and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 12, 2001.

WILLIAMS, Circuit Judge.

Three law enforcement officers, acting on directions from two assistant state's attorneys, took Stacey Morrell's child from her home in Illinois and gave the child to his putative father pursuant to an ex parte order issued by a New Mexico court. In this appeal we must decide if Morrell has stated a claim for deprivation, without due process, of a constitutionally protected...

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