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FILE - This undated photo provided by the FBI shows Jose Banks, one of two inmates who escaped from the Metropolitan Correctional Center in downtown Chicago Tuesday, Dec. 18, 2012, by repelling down a rope fashioned from bed sheets. Banks says the government was negligent in enabling the breakout, so he sued for $10 million in damages. The 7th U.S. Circuit Court of Appeals said in an ruling Friday, Sept. 25, 2015, that Jose Banks "gets credit for chutzpah." But it tossed his 2014 lawsuit. (AP Photo/FBI via AP, File)

FILE - This undated photo provided by the FBI shows Jose Banks, one of two inmates who escaped from the Metropolitan Correctional Center in downtown Chicago Tuesday, Dec. 18, 2012, by repelling down a rope fashioned from bed sheets. Banks says the government was negligent in enabling the breakout, so he sued for $10 million in damages. The 7th U.S. Circuit Court of Appeals said in an ruling Friday, Sept. 25, 2015, that Jose Banks "gets credit for chutzpah." But it tossed his 2014 lawsuit. (AP Photo/FBI via AP, File)

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