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CHICAGO (AP) — A $44.7 million judgment against the city of Chicago resulting from a shooting by an off-duty police officer of his friend, leaving the victim paralyzed, was tossed out Tuesday by the 7th U.S. Court of Appeals.

The appeals court ruled the city can’t be held liable for the shooting by Officer Patrick Kelly that left the officer’s friend paralyzed.

A jury in 2017 found the city repeatedly failed to identify Kelly as a problem before he shot Michael LaPorta in the head after a night of drinking.

Chief Judge Diane Sykes wrote because none of LaPorta’s federal rights were violated, the verdict against Chicago cannot stand.

“LaPorta’s case is tragic,” Sykes wrote in dismissing the jury's verdict. “His injuries are among the gravest imaginable. His life will never be the same.”

Kelly did not face criminal charges in connection with the shooting. Cook County prosecutors reviewed the case and determined a jury was unlikely to find the longtime patrolman guilty beyond a reasonable doubt.

Chicago’s Law Department said in a written statement the decision followed principles set by the U.S. Supreme Court.

“Action that police officers take in their own home, after a night of drinking, and in other circumstances where they make not even a pretense of enforcing the law, is private conduct,” Chicago’s lawyers said in the statement.

Plaintiff’s attorney Antonio Romanucci said the ruling denies justice to LaPorta and also sets a precedent for the city when it comes to accountability for police officers.

“We vigorously commit to continuing this fight for Mr. LaPorta in the weeks and months to come,” Romanucci said in an emailed statement.

Kelly was stripped of his police powers after he refused to answer questions on the witness stand during the trial of LaPorta’s lawsuit. He remained employed by the Chicago Police Department despite the jury’s verdict and received his $87,000-a-year salary until he took disability leave in 2019.

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RHOC’s Kelly Dodd insists she hasn’t been fired from Bravo show after controversial comments about Covid and BLM

Kelly Dodd has insisted she hasn't been fired from RHOC despite her controversial comments about Black Lives Matter and Covid.

The 45-year-old was slammed last year for wearing a "Drunk Wives Matter" hat and for claiming that coronavirus is "God's way of thinning the herd."

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8Kelly Dodd has insisted she hasn't been fired from RHOCCredit: Instagram

Amid the backlash, the Bravo star claimed she is still very much a part of the show and is "looking forward" to her sixth season.

"It’s actually kinda funny... I’ve heard these rumors every year for the last five years," Kelly tweeted.

"Looking forward to my sixth season #RHOC 16!"

Kelly sparked outrage earlier this month when she made a toast to “super spreaders” while partying in a crowded restaurant with her husband, Rick Leventhal, and friends. 

8She said she's 'looking forward' to returning for the upcoming seasonCredit: Twitter 8Fans are callling for Kelly to be fired over her controversial commentsCredit: Getty - Contributor

There were people cheering “no masks” at the party, along with cries of "screw Covid."

Kelly later defended their actions, saying: “I’m getting a lot of hate because we're at a restaurant we’re allowed to be at. We’re allowed to be at a restaurant!”

Drink company Positive Beverage didn't accept Kelly's version of events, however, and gave her the axe for her "controversial views and opinions."

In April last year when she insisted that people who died from Covid would have "died anyway" with or without the virus.

8She made a toast to 'superspreaders' during a crowded dinner with palsCredit: Instagram 8Kelly also said Covid was 'God's way of thinning the herd'Credit: The Mega Agency

She made the insensitive remarks in her Instagram comments after fans called her out for flying from New York to California despite quarantine guidelines.

She said: "If it's dangerous why are the airlines still flying. You think I want to fly? I had to get back how is that elitist??

"People are so judgmental it's sick!! That many die anyway!! They would've died this year they were compromised !!

"Do you know how many people died from the swine flu or SARS??"

8She was slammed last year for wearing a 'drunk wives matter' hatCredit: Instagram

Kelly went on: "It's 25 per cent get your facts straight you are only hearing numbers not the reality!! It's God's way of thinning the herd!!"

She later claimed that Covid was like the flu while refusing to wear a mask.

Meanwhile, back in October, she faced backlash for wearing a novelty hat that read "Drunk Wives Matter" - a play on the Black Lives Matter movement - to a bridal shower.

"It's really sad to see you in that hat, so insensitive," shared one critic.

8Kelly's stepdaughter Veronica has called out her actionsCredit: Twitter

Another wrote, "That hat is a bit insensitive," while a third added: "Kelly your hat is not funny."

There was further trouble last month, when RHOC fans called for Kelly to be fired from the Bravo franchise after she called Andy Cohen "anti-American" for not supporting Donald Trump.

Andy claimed that he was getting messages saying that Kelly "was uneducated, putting out misinformation, and behaving like a moron" because she wants businesses to open up despite the increasing cases of Covid.

8The star clashed with Andy Cohen in the latest season's reunion showCredit: Getty Images - Getty

Kelly hit back: "I get them too, saying that you're Anti-American, that you put your political beliefs out there, that they don't want to watch a political show."

Andy then questioned Kelly, saying: "I'm Anti-American because I don't like Donald Trump?"

Kelly replied: "I get a ton of those, yeah!"

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Andy was specifically talking about the fan hate that Kelly received after she traveled to New York City and partied at the beginning of the pandemic.

Kelly's stepdaughter, activist and social worker Veronica has called her out for her controversial views.

She said in an Instagram Live: "I don’t think it’s OK for people who say that they’ve experienced racism or prejudice to then turn around and inflict the same bigotry on other people.

"I don’t think you can experience the privileges of whiteness and then turn around and deny that those privileges exist."

RHOC star Kelly Dodd cheers to ‘super spreaders’ and ‘no masks’ as she parties in crowded restaurant during pandemic

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