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SMITH v. CITY OF CHICAGO

No. 99-2965.

242 F.3d 737 (2001)

Horace E. SMITH, II, M.D., Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, Milton M. Scott, employee of the Police Department of the City of Chicago, a municipal corporation and Randall Darlin, employee of the Police Department of the City of Chicago, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 2001.

Attorney(s) appearing for the Case

Theodore F. Kommers (argued), Gould & Ratner, Chicago, IL, for plaintiff-appellant.

Benna R. Solomon (argued), Liza M. Franklin, Adrienne Hiegel, Office of the Corporation Counsel, Appeals Division, for defendants-appellees.

Before FLAUM, Chief Judge, and BAUER and HARLINGTON WOOD, Jr., Circuit Judges.

BAUER, Circuit Judge.

Smith sued defendants, in relevant part, for unreasonable search and seizure, use of excessive force, and battery, arising from a May 1996 traffic stop. After some to and fro-ing, the case is before us again, so a thumbnail sketch of the facts and case history is needed.

The district court entered summary judgment in defendants' favor on all counts, and Smith appealed. Defendants motioned this Court for a limited remand to allow the district...

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