United States Seventh Circuit

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Atkins v. City of Chicago, 07-2757

In an action alleging constitutional violations when plaintiff was improperly detained by state authorities, in which action plaintiff's widow sought to replace him as plaintiff after his death, dismissal is reversed and plaintiff-widow reinstated where a Fed. R. Civ. P. 25(a) motion to substitute had not been properly served on plaintiff-widow, and a 90-day time limit for appointing an executor or administrator to substitute for plaintiff had therefore not run.

Appellate Information

  • Decided 11/10/2008
  • Published 11/10/2008

Judges

  • POSNER, Circuit Judge., Before POSNER, FLAUM, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Joseph A. Longo (argued), Longo & Associates, Mt. Prospect, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Mara S. Georges Office of the Corporation Counsel Chicago, IL Ruth F. Masters (argued), Oak Park, IL, Deborah L. Ahlstrand, Mary E. Welsh (argued), Office of the Attorney General, Chicago, IL, for Defendants-Appellees.
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