French v. Corrigan
Decision Date | 20 August 1970 |
Docket Number | No. 18173.,18173. |
Citation | 432 F.2d 1211 |
Parties | Louis FRENCH, Plaintiff-Appellant, v. William CORRIGAN and John Mackay and William V. Hopf and Edward Van De Houten, Jr., Defendants-Appellees. |
Court | U.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.*
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:
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 further allegation of a different nature is:
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:
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