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TORO v. GAINER

No. 04C4484.

370 F.Supp.2d 736 (2005)

De Carlos TORO, Plaintiff, v. P.O. R. GAINER # 19418, et al., Defendants.

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

April 20, 2005.

Attorney(s) appearing for the Case

Gregory E. Kulis, Kathleen Coyne Ropka, Shehnaz I. Mansuri, Gregory E. Kulis and Associates, Ltd., Chicago, IL, for Plaintiff.

Jonathan Clark Green, Chicago Corporation Counsel, Joseph M. Polick, City of Chicago, Department of Law Individual Defense Litigation, Marcel S. Benavides, Corporation Counsel's Office, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff DeCarlos Toro brought this action against defendants Brian Gainer and Timothy Fitzpatrick, alleging false arrest and malicious prosecution arising from his arrest and subsequent prosecution for unlawful use of a weapon. Defendants contend that they are entitled to summary judgment because plaintiff is barred from arguing that they lacked probable cause to arrest him due to the collateral...

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