Cawley v. Warren
Decision Date | 13 October 1954 |
Docket Number | No. 11160.,11160. |
Citation | 216 F.2d 74 |
Parties | Elizabeth CAWLEY, Plaintiff-Appellant, v. Harland WARREN, Wendall Thompson and Harold Wensland, Defendants-Appellees. |
Court | U.S. Court of Appeals — Seventh Circuit |
Taylor E. Wilhelm, Patrick Cawley, La Salle, Ill., for appellant.
William C. Wines, Lawrence A. Kerns, Morton E. Anderson, Chicago, Ill., Latham Castle, Atty. Gen. of Illinois, for appellees. Raymond S. Sarnow, Asst. Atty. Gen. of Illinois, of counsel.
Before MAJOR, SWAIM and SCHNACKENBERG, Circuit Judges.
Plaintiff appeals from an order of the District Court sustaining defendants' contention that plaintiff's complaint does not state a cause of action under the civil rights act,1 and dismissing the complaint.
The complaint, which is brought against defendant Warren, state's attorney of La Salle county, Illinois, defendant Thompson, first assistant state's attorney of said county, and defendant Wensland, who was foreman of the La Salle county grand jury, charges that the defendants conspired to deprive plaintiff of her constitutional rights under section 1 of article XIV of the federal constitution and that, knowing that plaintiff had committed no violation of law of the state of Illinois, procured indictments against her by said grand jury, without any competent witnesses appearing before said grand jury and without the presentation of any competent evidence of any kind before said grand jury, and did then and there conspire in procuring said indictments; that defendants' acts were wilful and wanton; whereby she was arraigned, incarcerated in jail, and compelled to give bail, and as a result thereof plaintiff was damaged; that the Circuit Court of La Salle county dismissed said indictments; and that the cause of action is pursuant to 8 U.S.C.A. § 47(3) (now 42 U.S.C.A. § 1985).
The motion to dismiss the complaint states, inter alia, that the alleged actions charged against the defendants were done in their official capacities, wherefore they are not amenable to suit under the civil rights act. In this court the defendants likewise contend that they are immune from a suit of this kind.
The law supports this claim of immunity. It extends to and includes judges, prosecuting attorneys and members of a grand jury.
In Alzua v. Johnson, 231 U.S. 106, 34 S.Ct. 27, at page 29, 58 L.Ed. 142, involving a judge, at page 144 the court said:
The reason for this rule of immunity is set forth in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646, at page 649:
State's attorneys in Illinois are judicial officers. Sec. 22, art. VI, Illinois Constitution of 1870, S.H.A.
While the constitution of Illinois does...
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