272 F.2d 365 (7th Cir. 1959), 12697, Monroe v. Pape

Docket Nº:12697.
Citation:272 F.2d 365
Party Name:James MONROE et al., Plaintiffs-Appellants, v. Frank PAPE et al., Defendants-Appellees.
Case Date:November 23, 1959
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 365

272 F.2d 365 (7th Cir. 1959)

James MONROE et al., Plaintiffs-Appellants,

v.

Frank PAPE et al., Defendants-Appellees.

No. 12697.

United States Court of Appeals, Seventh Circuit.

Nov. 23, 1959

Donald P. Moore, John W. Rogers, Chicago, Ill., for appellant.

John C. Melaniphy, Corp. Counsel, Harry H. Pollack, Asst. Corp. Counsel, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, KNOCH and CASTLE, Circuit Judges.

HASTINGS, Chief Judge.

This action was brought in the district court under the Federal Civil Rights Act, 42 U.S.C.A. §§ 1983, 1985 and 1986, to recover damages for the alleged misconduct of the defendant Chicago, Illinois police officers. Such misconduct was claimed to be in violation of the rights of plaintiffs under the Fourteenth Amendment to the Constitution of the United States. The City of Chicago, Illinois was joined as a defendant, liability being predicated on the doctrine of respondeat superior. The trial court entered an order dismissing the complaint on defendants' motion on the ground that the complaint failed to state a cause of action under the Act, then denied leave to amend; this appeal followed.

The plaintiffs are James Monroe and Flossie Monroe, husband and wife, and their six children represented by their mother, Flossie Monroe, as next friend. The defendants are Frank Pape, Deputy Chief of Detectives of the Chicago Police Department, and twelve unknown police officers assigned to the Detective Bureau designated as John Doe No. 1 to and including No. 12, and the City of Chicago, Illinois. The complaint contains nine counts.

Counts charging violation of 42 U.S.C.A. § 1983 are Counts I, IV and VII. Count I contains the basic factual allegations constituting plaintiffs' cause of action and seeks recovery of damages for James Monroe. Count IV incorporates the facts alleged in Count I and seeks recovery for Flossie Monroe, as does Count VII on behalf of the six Monroe children.

Counts charging violation of 42 U.S.C.A. § 1985 are Counts II, V and VIII, charging a conspiracy of defendants to commit the acts alleged in Count I, again praying damages for James Monroe, Flossie Monroe and the Six Monroe children, respectively.

Counts charging violation of 42 U.S.C.A. § 1986 are Counts III, VI and IX, charging failure of each of the defendants to make any effort to prevent the accomplishment of the...

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