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Swearingen-El v. Cook County SheriffDept

Swearingen-El v. Cook County SheriffDept

Ruling
Debtor could pursue unscheduled civil rights action after conversion from chapter 7 to chapter 13.
Procedural posture

Three days after filing a pro se chapter 7 bankruptcy petition, plaintiff filed a suit against defendants, an Illinois county, the county's sheriff's department, the county sheriff, and three other persons, alleging tort claims as well as employment discrimination and constitutional claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §§ 1981 and 1983. Defendants moved to dismiss the suit pursuant to Fed. R. Civ. P. 12(b)(1) and (6).

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opinion summary, case decided on October 16, 2006 , LexisNexis #1206-101