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Gross v. Town of Cicero, Illinois

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Before EASTERBROOK, Chief Judge, and CUDAHY and MANION, Circuit Judges.

This appeal was closed administratively on May 9 for failure to prosecute. Appellant has asked for reconsideration. That motion has been referred to the motions panel for the week in which the appeal was dismissed, given the rule that a single judge cannot “dismiss or otherwise determine an appeal”. Fed. R. App. P. 27(c).

Clarence Gross was Chairman of Cicero’s Board of Police and Fire Commissioners until January 2002. He contends in this action under 42 U.S.C. §1983 that his removal violated the first amendment and the equal protection clause of the fourteenth. Some issues were resolved by summary judgment. After a bench trial on the remaining issues, the judge found in defendants’ favor-not only on Gross’s claim but also on Cicero’s counterclaim for restitution. Gross filed a notice of appeal on November 15, 2006. The record reached this court on December 12. That started the 40 days for appellant to file his brief. Fed. R. App. P. 31(a)(1).

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