Court of Appeals for the Seventh Circuit May 14, 2001, 00-3252 (Nickolaj Latuszkin v. City of Chicago)

FAIRCHILD, Circuit Judge.

Nickolaj Latuszkin sued the City of Chicago and Chicago police officer George Wilson after Wilson, while driving under the influence of alcohol, struck and killed Mr. Latuszkin’s wife, Sofia Latuszkin. At issue here is Mr. Latuszkin’s claim against the City under 42 U.S.C. see.1983, which the district court dismissed under Rule 12(b)(6) for failure to state a claim.