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LATUSZKIN v. CITY OF CHICAGO

No. 00-3252.

250 F.3d 502 (2001)

Nickolaj LATUSZKIN, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 2001.

Published May 14, 2001.

Attorney(s) appearing for the Case

Alan Karpel, argued, Lewis, Davidson & Hetherington, Chicago, IL, for Plaintiff-Appellant.

Meera Werth, Office of Corp. Counsel, Appeals Div., Chicago, IL, Jane E. Notz, argued, Office of Corp. Counsel, Chicago, IL, for Defendant-Appellee.

Before FAIRCHILD, CUDAHY and RIPPLE, Circuit Judges.

FAIRCHILD, Circuit Judge.

Nickolaj Latuszkin sued the City of Chicago and Chicago police officer George Wilson after Wilson, while driving under the influence of alcohol, struck and killed Mr. Latuszkin's wife, Sofia Latuszkin. At issue here is Mr. Latuszkin's claim against the City under 42 U.S.C. sec.1983, which the district court dismissed under Rule 12(b)(6) for failure to state a claim. While we disagree with the district court's reasoning, we affirm the dismissal...

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