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SAMUEL v. CITY OF CHICAGO

No. 98 C 3377.

41 F.Supp.2d 808 (1999)

Robert SAMUEL and Augustine Samuel, Plaintiffs, v. CITY OF CHICAGO, a municipal Corporation, Michael Callahan, Bernard Kelly, Michael Mullen and John Doe, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 17, 1999.

Attorney(s) appearing for the Case

Mary R. Minella, John Christopher Mullen, Christopher Mullen, Mullen and Minella, Chicago, IL, Michael T. Mullen, Paul B. Episcope, Ltd., Chicago, IL, for Robert Samuel, Augustine Samuel.

Brian L. Crowe, Thaddeus S. Machnik, City of Chicago, Law Dept. Corp. Counsel, Chicago, IL, Michael W. Early, City of Chicago, Dept. of Law, Chicago, IL, for City of Chicago, Matt Rodriguez, Fred Coffey.

Thomas Joseph Platt, Robert W. Barber, Michael P. Sheehan, City of Chicago, Dept. of Law, Chicago, IL, for Michael Callahan, Michael Mullen, John Doe.

Steven M. Yarosh, Josh Michael Engquist, City of Chicago, Law Dept., Chicago, IL, for Bernard Kelly.

MEMORANDUM OPINION AND ORDER

LEVIN, United States Magistrate Judge.

Before the court is Defendant City of Chicago's ("City") Motion to Dismiss Count III of Plaintiffs' Amended Complaint at Law, containing a § 1983 "official policy" claim against the City. The City's motion is filed pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. For the reasons stated below, the City's Motion is granted.

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