Cushing v. City of Chicago
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
Edward Cushing brought this suit under 42 U.S.C. § 1983, alleging the defendants had deprived him of property without due process of law in violation of the Fourteenth Amendment. The district court granted the defendants’ motions to dismiss Cushing’s second amended complaint pursuant to Fed. R.Civ.P. 12(b)(6). We affirm in part and reverse in part.
I
Our summary of the facts is drawn from the plaintiffs second amended complaint. In January 1988, Edward Cushing, a Chicago Fire Department Battalion Chief, experienced chest pains and shortness of breath while on duty. He was…
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