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ARGUED SEPTEMBER 14, 2010

Before BAUER, FLAUM, and HAMILTON, Circuit Judges.

Plaintiff Wojciech Czarniecki was a probationary police officer of the Chicago Police Department from November 2006 until he was dismissed in February 2007. In two federal lawsuits, Czarniecki has alleged that he was improperly dismissed because of his Polish national origin. In September 2007, Czarniecki filed the first suit against the City of Chicago and the Assistant Deputy Superintendent of the Police Academy, Matthew Tobias, under 42 U.S.C. 1983 alleging national origin discrimination in violation of the equal protection clause of the Fourteenth Amendment. The district court first granted summary judgment in favor of the City on the § 1983 claim. Shortly before a trial on the claim against Tobias, the court granted Czarniecki’s motion to dismiss his claim against Tobias without prejudice under Rule 41(a).

 
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