French v. Corrigan

Decision Date20 August 1970
Docket NumberNo. 18173.,18173.
Citation432 F.2d 1211
PartiesLouis FRENCH, Plaintiff-Appellant, v. William CORRIGAN and John Mackay and William V. Hopf and Edward Van De Houten, Jr., Defendants-Appellees.
CourtU.S. Court of Appeals — Seventh Circuit

Louis French, pro se.

Tom L. Yates, Chicago, Ill., A. E. Botti, Asst. State's Atty., Wheaton, Ill., Anthony W. Summers, Chicago, Ill., for appellees.

Before MAJOR, Senior Circuit Judge, KILEY, Circuit Judge, and ESCHBACH, District Judge.*

MAJOR, Senior Circuit Judge.

The complaint in this case was filed by plaintiff, charging the defendants named in the caption with conspiring under Title 42 U.S.C.A. Sec. 1985(3) to violate his civil rights. Damage was sought against each defendant in the amount of $500,000. Plaintiff is in prison as the result of his conviction of armed robbery in the Circuit Court of DuPage County, Illinois. Defendant William V. Hopf is state's attorney of that county and defendant Edward Van De Houten, Jr. is his assistant, both of whom participated in the prosecution of the case both at the trial and on appeal to the Appellate Court. At the trial defendant was represented by counsel not involved in the instant action. Upon plaintiff's expressed desire to appeal his conviction, the court appointed defendants William Corrigan and John Mackay as attorneys to represent him. Briefs were filed by the attorneys for the respective parties and the Appellate Court affirmed the conviction. People of the State of Illinois v. French, 75 Ill.App.2d 453, 220 N.E.2d 635.

On motion of Hopf and De Houten, the District Court dismissed the complaint "for failure to state a claim * * * for the reason that both are immune from suit under the Civil Rights Act." On motion of Corrigan and Mackay, the complaint was dismissed "for failure to state a claim * * * for the reason that neither acted under `color of law.'" Plaintiff appeals pro se, and the case is submitted here on briefs, without oral argument.

After preliminary allegations, the complaint alleges that defendants:

"Did unlawfully Conspire with each other to ACT contrary to their legally invested authority as Attorneys, and agreed to abridge the Constitutional Rights of the Plaintiff as Guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States, To have the Full Faith and Assistance of Counsel on Criminal Proceedings and to be free from deprivations of liberty without Due Process of Law and to be free from unreasonable oppression through Equal Protection of the Laws. And thus said Defendant\'s, agreeing to abridge these Constitutional Rights of the Plaintiff."

Obviously, this allegation is conclusory and of no aid to plaintiff absent allegations as to the acts committed by defendants in pursuance of the alleged conspiracy. Plaintiff alleges that the defendants and each of them in some manner not disclosed presented to the Appellate Court "Fraudulent Statements of Fact and Deliberate Misrepresentations of the Certified Court Records" which "Led the said Appellate Court" to arrive at erroneous conclusions from said record.

The complaint sets forth numerous instances in which it is claimed the attorneys, both for the prosecution and for the defense, led the Appellate Court astray by inducing it to make certain statements in its opinion contrary to the certified record. Without detailing all of the numerous instances alleged, we think it sufficient to set forth a few which are typical:

"(a) An Oak Brook Police Sargent was legally acting as a cohort of criminals, so as to give timely warnings of crimes about to occur.
WHEN IN FACT: The Certified Court Record of the Police Sargents Testimony showed that He was in fact a criminal and consorting with known criminals for His own personal gain.
"(b) That the Oak Brook Police arrested the Plaintiff and the alleged two hold-up men near the scene of the crime in Oak Brook.
WHEN IN FACT: The Certified Record stated that, Plaintiff was arrested alone and was not according to the persons alleged to have been held-up, involved in the hold-up at all. Nor were there any two hold-up men arrested in Oak Brook."

A further allegation of a different nature is:

"(f) That they did not ask the Appellate Court to Rule on the Propriety of the Trial Courts Rulings. WHEN IN FACT: The Certified Record shows that the Rulings of the Trial Court in Sustaining the Objections by the State\'s Attorney, prejudiced the Plaintiff\'s defense."

The complaint concludes with the general allegation that by reason of these fraudulent statements and misrepresentations to the court, it affirmed the judgment and plaintiff's civil rights were violated and he was deprived of due process and equal protection of the laws.

There is no contention but that the record before the Appellate Court was properly certified in accordance with law; in fact, plaintiff appears to so concede. All of the so-called overt acts alleged are that the defendants induced the Appellate Court to affirm the conviction on a misconstruction of the record. While it is alleged that false statements were made to the court, there is no allegation as to what such statements consisted of or the manner in which they were used. There is a presumption generally of the regularity of the proceedings, including a strong presumption that the Appellate Court discharged its duty and decided the case on the certified record. See Howell v. United States, 172 F.2d 213, 216 (CA-4). In our judgment, such a presumption cannot be overcome by the mere allegation that the defendants successfully committed a hoax on the court. Such a contention is so bizarre as to require a summary rejection. It constitutes a reflection not only on the integrity of the attorneys for the respective parties but also on that of the Appellate Court; in fact, it is a challenge to their intelligence. In our judgment, the complaint states no cause of action upon which relief could be granted.

In Morgan v. Sylvester, D.C., 125 F. Supp. 380, aff. 220 F.2d 758 (CA-2), cert. den. 350 U.S. 867, 76 S.Ct. 112, 100 L.Ed. 768, a statement of the court (page 387) is worth repeating:

"This action is a clear attempt, despite plaintiff\'s assertion to the contrary, to obtain a review and a retrial of the State Court proceedings. The fact that a defeated litigant is prepared to charge a `conspiracy\' recklessly or otherwise and recite in haec verba the language of the Civil Rights Act does not give a right of review in the Federal Courts. To uphold the claim here advanced upon such conclusory allegations `would open the door wide to every
...

To continue reading

Request your trial
47 cases
  • Green v. Cauthen
    • United States
    • U.S. District Court — District of South Carolina
    • May 20, 1974
    ...are insufficient to survive a motion to dismiss. Blackburn v. Fisk University, 443 F.2d 121, 124 (6th Cir. 1971); French v. Corrigan, 432 F.2d 1211, 1213 (7th Cir. 1970), cert. denied, 401 U.S. 915, 91 S.Ct. 890, 27 L.Ed.2d 814; Granville v. Hunt, 411 F.2d 9, 11 (5th Cir. 1969); Powell v. W......
  • Polk County v. Dodson
    • United States
    • United States Supreme Court
    • December 14, 1981
    ...570 (CA1 1973); Hall v. Quillen, 631 F.2d 1154, 1156 (CA4 1980); Mulligan v. Schlachter, 389 F.2d 231, 233 (CA6 1968); French v. Corrigan, 432 F.2d 1211, 1214 (CA7 1970), cert. denied, 401 U.S. 915, 91 S.Ct. 890, 27 L.Ed.2d 814 (1971); Barnes v. Dorsey, 480 F.2d 1057, 1061 (CA8 1973). 8.Fer......
  • Sparkman v. McFarlin
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 2, 1979
    ...case the alternative ground of lack of particularity in pleading the conspiracy is accepted as the decisive ground. In French v. Corrigan, 432 F.2d 1211 (7th Cir. 1970), Cert. denied, 401 U.S. 915, 91 S.Ct. 890, 27 L.Ed.2d 814 (1971), after setting forth the conclusory conspiracy allegation......
  • Sparks v. Duval County Ranch Co., Inc.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 22, 1979
    ...Cir., 1975, 516 F.2d 203; Kurz v. Michigan, 6 Cir., 1977, 548 F.2d 172; Hansen v. Ahlgrimm, 7 Cir., 1975, 520 F.2d 768; French v. Corrigan, 7 Cir., 1970, 432 F.2d 1211; Brown v. Dunne, 7 Cir., 1969, 409 F.2d 341. See also Sparkman v. McFarlin, 7 Cir., 601 F.2d 261, 1979. In the Fifth Circui......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT