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JOHNSON v. RIVERA

No. 99-2093.

272 F.3d 519 (2001)

Shaun R. JOHNSON, Plaintiff-Appellant, v. Officer Ruben RIVERA, Officer Matthew Martinez, Officer Geoffrey Howard, and Officer William Pellegrini, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2001.

Attorney(s) appearing for the Case

Michael J. Summerhill (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Plaintiff-Appellant.

John A. Ouska (argued), Cook County State's Atty's Office, Chicago, IL, for Defendants-Appellees.

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

FLAUM, Chief Judge.

Pursuant to Federal Rule of Civil Procedure 12(b)(6), the district court dismissed Plaintiff-Appellant Shaun Johnson's claim as untimely, and Johnson appeals. For the reasons stated herein, we reverse.

I. Background

In reviewing a motion to dismiss, we accept all facts alleged in the complaint as true and draw all reasonable inferences in the light most favorable to the plaintiff. See Crenshaw v. Baynerd,

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