Keith Smith v. City of Chicago

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Decided August 4, 2022
Before
JOEL M. F LAUM , Circuit Judge
I LANA DIAMOND R OVNER , Circuit Judge
MICHAEL B. BRENNAN , Circuit Judge
No. 19-2725
K EITH S MITH ,
Plaintiff-Appellant,
v.
C ITY OF C HICAGO, et al.,
Defendants-Appellees.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 18-cv-4918
Virginia M. Kendall, Judge.
O R D E R on
Petition for Panel Rehearing
On consideration of the petition for panel rehearing filed by the Defendants-
Appellees on July 28, 2022, all members of the panel have voted to deny the petition for
panel rehearing and to amend the court’s July 14, 2022 Order as follows: The last
paragraph on page 2 of that Order is deleted and is replaced with the following:
The district court never addressed the merits of the claim as framed by
the City now, and we decline the City’s invitation to enter summary
judgment in its favor in the first instance instead of remanding.
Although federal courts of appeals have the authority under 28 U.S.C.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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No. 19-2725 Page 2
§ 2106 to provide that relief when so doing would be just under the
circumstances, in most instances, “such a decision is best made by the
district court; we would rarely find it appropriate to direct the entry of
summary judgment.” Turner v. J.V.D.B. Assocs., Inc., 330 F.3d 991, 998
(7th Cir.2003). See also International Fin. Servs. Corp. v. Chromas Techs.
Canada, Inc., 356 F.3d 731, 739-40 (7th Cir. 2004). This case is no exception
to the rule and we remand so that the district court may consider the
City’s argument in the first instance.
Accordingly, the petition for panel rehearing is hereby DENIED.

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