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   Federal Courts - 7th Circuit Court of Appeals - January 3, 2006

  
Alexander v. City of South Bend, No. 04-2535, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 3, 2006, Decided
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Overview: Neither allegations that witness was shown suggestive photo array and later testified, nor fact citizen was later exonerated made citizen's case that a due process violation occurred. Conspiracy claim lacked evidentiary support, as there was no evidence police stopped him for any reason other than that he fit description of rapist, a black man.

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Damnitz v. Montgomery, No. 03-4148, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 3, 2006, Decided
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Harrington v. City of Chicago, No. 04-4326, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 3, 2006, Decided
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Overview: District court did not abuse its discretion in denying a Fed. R. Civ. P. 60(b) motion to vacate the dismissal of the action for failure to prosecute because the record did not reveal any permissible justification to excuse an attorney's failures to appear before the district court and the attorney's inattention to discovery obligations.

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Noorani v. Gonzales, No. 04-3682, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 3, 2006, Decided
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Overview: BIA properly denied alien's motion to reopen based on ineffective assistance of counsel because he failed to show how counsel's failure to respond to his messages caused him to fail to appear at his deportation hearing, evidence failed to show that alien was so ill that he could not attend his hearing, and he failed to comply with Lozada.

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Perkins v. Ameritech Corp., No. 04-3390, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 3, 2006, Decided
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Overview: Employer was properly granted summary judgment on employee's ADA claim because her absenteeism over course of several years removed her from class of "qualified individuals" protected by 42 U.S.C.S. § 12111(8), and fact that she could point to dates that employer misapplied attendance policy was not attack on fact that she had prolonged absences.

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