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Brandie Atkins, As Administrator of the Estate of v. City of Chicago, et al

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ARGUED SEPTEMBER 8, 2010

Before POSNER, MANION, and HAMILTON, Circuit Judges.

This is the second appeal from the dismissal of a federal civil rights suit. 42 U.S.C. § 1983. The district court initially dismissed it under Rule 25(a)(1) of the Federal Rules of Civil Procedure, on the ground that the motion to substitute the plaintiff’s widow for the (original) plaintiff, who died while the suit was pending, was untimely. We reversed, 547 F.3d 869 (7th Cir. 2008), instructing the district judge to allow the substitution. That kept the case alive, but the judge has again dismissed it, this time on the merits-he ruled that the complaint failed to state a claim. Hence this second appeal.

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