United States Seventh Circuit

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Sigsworth v. City of Aurora, 05-4143

In a suit by a police officer against a city and others alleging retaliation for protected speech, dismissal of the complaint is affirmed where plaintiff's speech was not made outside of his capacity as a police investigator and a task force member, so he was not speaking as a citizen for First Amendment purposes. Denial of plaintiff's motions for leave to file a second amended complaint is affirmed where the district court did not abuse its discretion because there were no manifest errors of law or newly discovered evidence that merited consideration, and amendments to the complaint would have been futile.

Appellate Information

  • Argued 11/27/2006
  • Decided 05/25/2007
  • Published 05/25/2007

Judges

  • WILLIAMS, Circuit Judge., Before WOOD, EVANS, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • John P. DeRose (argued), DeRose & Associates, Hinsdale, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Patricia Witowski Supergan, City of Aurora Law Department, Aurora, IL, John B. Murphey (argued), Rosenthal, Murphey, Coblentz & Janega, Chicago, IL, for Defendants-Appellees.