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SMITH v. WILSON

No. 11-2496.

705 F.3d 674 (2013)

Anthony SMITH and Flying A.J.'s Towing Company, LLC, Plaintiffs-Appellants, v. John WILSON, in his official capacity as Police Chief and in his individual capacity, and Town of Beloit, Wisconsin, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 2013.

Attorney(s) appearing for the Case

Dana L. Kurtz (argued), Attorney, Kurtz Law Offices, Hinsdale, IL, for Plaintiffs-Appellants.

Robert M. Chemers , Scott L. Howie (argued), Attorneys, Pretzel & Stouffer, Chicago, IL, Bennett J. Brantmeier , Attorney, Laitsch & Brantmeier, LLC, Jefferson, WI, for Defendants-Appellees.

Before FLAUM, WOOD, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

For the better part of a decade, Anthony Smith sought a place on the Town of Beloit's "tow list," hoping to be called upon when the local police department required towing services. Chief of Police John Wilson denied these requests, and Smith (who is African-American) attributed his exclusion to racial bias. In December 2008, Wilson's subordinates came forward with allegations that appeared to confirm Smith's suspicions: in everyday conversation...

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