CHICAGO (AP) — An inmate who escaped from a high-rise federal jail in Chicago has a unique theory on who’s to blame. He says the government was negligent in enabling the breakout, so he sued for $10 million in damages.

The 7th U.S. Court of Appeals said in a Friday ruling that Jose Banks “gets credit for chutzpah.” But it tossed his 2014 lawsuit.

Banks and a cellmate repelled 17 stories down a makeshift rope, then hailed a cab. Both were caught within weeks.

Some sort of harness dangles on the end of a makeshift rope outside the MCC. (CBS)

Some sort of harness dangles on the end of a makeshift rope outside the MCC. (CBS)

Authorities dropped escaped charges because Banks was going to prison for decades anyway for bank robbery. But Banks’ lawsuit says the escape still harmed him, including by causing him embarrassment and humiliation.

He says his cellmate forced him to participate in the escape and guards should have stopped them.

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