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Dana Holland v. City of Chicago, Nancy Piekarski, and Timothycullinan

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ARGUED JANUARY 21, 2011

Before FLAUM, MANION, and EVANS,Circuit Judges.

In 1993 Dana Holland was arrested and subsequently charged with sexually assaulting Dionne Stanley. Four years later, in 1997, he was convicted in Cook County Circuit Court after a bench trial. He received a stiff sentence: three consecutive 30-year terms to begin after he completed a 28-year sentence he was serving on an unrelated conviction. In 2002 new DNA testing of a vaginal swab taken from Stanley revealed a match not to Holland, but to his uncle, Gordon Bolden. In 2003 Holland’s conviction was vacated. Holland subsequently sued the City of Chicago and two police officers, Timothy Cullinan and Nancy Piekarski (collectively, “the City”), in state court alleging malicious prosecution under Illinois law. When due process violations (via Brady v. Maryland) under 42 U.S.C. § 1983 were added to the complaint, the case was removed to federal court where summary judgment was eventually granted for the City. Holland appeals.

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