Lundblade v. Doyle, 73 C 47.
Decision Date | 17 April 1974 |
Docket Number | No. 73 C 47.,73 C 47. |
Parties | Thomas Robert LUNDBLADE, Plaintiff, v. Daniel DOYLE, Defendant. |
Court | U.S. District Court — Northern District of Illinois |
Thomas Robert Lundblade, pro se.
Jay S. Judge and James R. Schirott, Judge, Hunter & Schirott, Park Ridge, Ill., for defendant.
This cause comes on the defendant's motion to dismiss the amended complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure.
This is a pro se action seeking to redress the alleged deprivation of the plaintiff's civil rights guaranteed by the United States Constitution and protected by the Civil Rights Act of 1871, 42 U.S. C. § 1983.
The jurisdiction of this Court is apparently predicated on 28 U.S.C. §§ 1331 and 1343(3).
The plaintiff Thomas Robert Lundblade is presently incarcerated in the Illinois State Penitentiary at Joliet, Illinois. The defendant Daniel Doyle is an Assistant State's Attorney employed by the County of Winnebago.
The plaintiff, in his amended complaint, alleges, inter alia, the following facts:
The plaintiff in his amended complaint in essence alleges that the defendant, Daniel Doyle, violated plaintiff's constitutional rights by one or more of the following acts:
The defendant, in support of the instant motion, contends that the defendant Daniel Doyle's allegedly unconstitutional acts were within the quasi-judicial functions of a State's Attorney and are therefore clothed within immunity from suit under 42 U.S.C. § 1983.
It is the opinion of this Court that the instant motion is meritorious.
The principle of judicial immunity had been a settled doctrine of the English Courts for many centuries when adopted by our United States Supreme Court in Bradley v. Fisher, 13 Wall. 335, 80 U.S. 335, 20 L.Ed. 646 (1871). This principle was not abolished by § 1983 which makes liable "every person" who under color of law deprives another person of his civil rights. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967); cf. Tenney v. Brandhove, 341 U.S. 367, 71 S.Ct. 783, 95 L.Ed. 1019 (1951). This immunity has been extended to prosecutors who are considered part of the judicial process. Bauers v. Heisel, 361 F.2d 581 (3rd Cir. 1966), cert. denied 386 U.S. 1021, 87 S.Ct. 1367, 18 L.Ed.2d 457 (1967); Gabbard v. Rose, 359 F.2d 182 (6th Cir. 1966); Kenney v. Fox, 232 F. 2d 288 (6th Cir. 1956); Boyd v. Huffman, 342 F.Supp. 787 (D.Ohio 1972); Sires v. Cole, 320 F.2d 877 (9th Cir. 1963); Clark v. State of Washington, 366 F.2d 678 (9th Cir. 1966); Jennings v. Nester, 217 F.2d 153 (7th Cir. 1955); cert. denied, 349...
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