Monroe v. Pape, 59 C 329.

CourtUnited States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
Citation221 F. Supp. 635
Docket NumberNo. 59 C 329.,59 C 329.
PartiesJames MONROE et al., Plaintiffs, v. Frank PAPE et al., Defendants.
Decision Date18 September 1963



Donald Page Moore, Overton, Marks, Simons & Moore, Chicago, Ill., for plaintiffs.

John C. Melaniphy, Corp. Counsel, Benjamin E. Novoselsky, Asst. Corp. Counsel, City of Chicago, Chicago, Ill., for defendants.

PARSONS, District Judge.

I have before me two motions: (1) The motion of the defendants for judgment notwithstanding the verdicts; and (2) The motion of the Illinois Public Aid Commission to intervene. The facts of this case, insofar as they are pertinent to these motions, may be stated briefly as follows:

Peter Saisi was murdered on the evening of October 27, 1958. When the police arrived at the scene, Mrs. Saisi explained that two Negro men had entered her home and killed her husband. She stated that the men had escaped with a sum of money and a number of white dress shirts.

The day after the murder, the police had Mrs. Saisi report to Central Police Headquarters at 1121 South State Street, Chicago, Illinois, and examine some photographs. After having looked at a substantial number, Mrs. Saisi finally announced with reference to one of the photographs, "It looks like him". The photograph was that of James Monroe, age thirty, of 1424 South Trumbull Avenue, Chicago, Illinois.

Between 4:00 P.M. and 12:00 Midnight on October 28, 1958, defendant Edward Cagney, the supervising sergeant of the detectives who were assigned to the homicide section of the Chicago Police Department, received the information that earlier that day Mrs. Saisi had "tentatively identified" James Monroe as being one of her husband's slayers. Thereupon, Cagney ordered that Monroe be "picked up" and placed in a "line-up" for Mrs. Saisi to observe.

At Midnight, the defendant Frank W. Pape reported for duty at Central Police Headquarters. He was the Deputy Chief of Detectives, the number two ranking officer in the Detective Bureau. During the early portion of his tour of duty, he was informed of Cagney's order and that Mrs. Saisi had made a "tentative" identification of Monroe.

Pape arranged to have eight subordinate policemen meet with him between five and six o'clock that morning at a designated point several blocks from the Monroe home. At the specified time and place, all of the men arrived. No one had secured or attempted to secure either an arrest or a search warrant. All of them were attired in citizen's dress. Pape briefed his men on their project and designated the positions they were to take. Then, in four unmarked squad cars, they proceeded to 1424 South Trumbull Avenue.

Pape, followed by two other officers, walked to the back door of the basement apartment and rapped. In a matter of minutes, one of the Monroe children appeared at the door and turned on the kitchen light. Through the window of the door, Pape displayed his badge and asked, "Is Monroe here?" The door was opened. Pape entered inquiring, "Where is James Monroe?" The child replied, "He is in the front bedroom".

Pape led the way down the long hallway and into the dark bedroom. Turning on his flashlight, he found James and Flossie Monroe in bed. Monroe was ordered out of bed and taken into the front room. Monroe was either totally naked or clothed only with a T-Shirt. Mrs. Monroe was allowed to pull a blanket about herself as she was gotten out of the bed by one of the officers.

Several of the officers who had been stationed outside gained entry through the front door. The closets, furniture and mattresses were searched for white dress shirts and weapons, but none were found. During this flurry of activity, all members of the family were aroused. The children began crying and hollering, and some began yelling abusive language at the officers in an effort to attract the officers' attention. One of the older boys, who was especially vocal in his denunciations of the officers, received a sharp blow to the head. He fell back against his brother, and the two of them falling crushed their bed to the floor. One of the smaller boys tripped over one of the officers as he attempted to run to his father's side. Mrs. Monroe's daughter attempted to leave the apartment for the purpose of "calling the police", but she was restrained. Pistols were drawn. Heated comments were flung about. Threats of killing were uttered.

Monroe, handcuffed, was handed a pair of his trousers and some other clothing, which he put on, and then he was taken to Central Police Headquarters. Upon his arrival there, he was placed in the lockup.

Some time before 10:00 A.M. on October 29, 1958, Monroe was placed in a lineup. Mrs. Saisi was unable to identify him. Shortly thereafter, defendant Howard M. Pierson, a Deputy Chief of Detectives, and on that day, the Acting Chief of Detectives, upon being informed that Monroe had been "cleared", made the following notation on Monroe's arrest slip: "Okay to release at 10:00 a. m., Acting Chief of Detectives Howard M. Pierson". Before Monroe was released, however, Pierson was informed by defendants Edward Bray and John Bosquette, both of whom were officers assigned to the Robbery Detail, that the Robbery Section wanted Monroe for investigation. Pierson responded, "All right, hold the release up until the Robbery Section are through with their investigation and the Commander of the Robbery Unit or the other Deputy Chief of Detectives referring either to Frank Pape, or more probably to one James P. Hurley, who was the Acting Chief of Detectives on the 4:00 P.M. to 12:00 Midnight shift can either book or release him — whatever should be done."

Thus, Monroe remained in the lockup while Bray and Bosquette arranged for robbery victims to appear at an afternoon line-up. There had been a serious plague of robberies of cab drivers. None of the witnesses, however, was able to identify Monroe. Eventually, when Deputy Commander James P. Hurley reported for work and found a James Monroe still locked up without a charge against him, Monroe, at 4:30 P.M., was released and driven to his home by Officer Bosquette.

Shortly after this episode had transpired, Mrs. Saisi confessed to her personal involvement in a premeditated murder of her husband.

These were the facts presented to the jury.

James Monroe, his wife, Flossie, and each of their several children, instituted this civil rights action, pursuant to 28 U.S.C.A. §§ 1331 and 1343, 42 U.S.C.A. § 1983, and the Fourteenth Amendment to the Constitution of the United States, against all of the police officers involved in this incident. In the course of the trial of the case, certain of the officers were dismissed as parties defendant and the case went to the jury as to the defendants Frank Pape, Edward Cagney, Howard Pierson, John Bosquette and Edward Bray.

After approximately thirteen hours of deliberation, the jurors returned their verdicts. While they found in favor of James and Flossie Monroe in the sum of $13,000, they held against each of the children.

The defendants thereupon filed a post-trial motion for judgment notwithstanding the verdicts or in the alternative, for a new trial. The primary ground upon which this motion is based is that the instructions read to the jury were prejudicial. It is the defendants' contention that this Court was bound to instruct the jury simply by reading to them the pertinent statutes and case decisions without any degree of interpolation and explanation, but that the Court engaged in extended interpretation of the law. The disputed instructions follow:

"This action is brought by the plaintiffs and each of them under the provisions of Title 42, Section 1983 of the United States Code, which is a federal statute and which provides in relevant part as follows: `Every person who, under color of law subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law * * *.'
"The phrase `under color of law' means in this case by virtue of authority vested by the Laws of the State of Illinois.1
"Defendants in this case have admitted that in all of the acts complained of herein they, and each of them, acted under color of law within the meaning of this statute.
"You are further instructed that the plaintiffs in this case, and each of them, are persons within the jurisdiction of the United States. Insofar as they are material to this case, the rights, privileges and immunities secured by the Constitution and Laws of the United States referred to in the statute above are those rights, privileges and immunities made available to all citizens and persons through the provisions of the Fourth Amendment and the Fourteenth Amendment to the Constitution of the United States.2
"The Fourth Amendment to the Constitution of the United States provides in words and figures as follows: `The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.'
"The Fourteenth Amendment to the Constitution of the United States provides, insofar as it is material herein, as follows: `No state shall * * * deprive any person of life, liberty, or property, without due process of law.'
"For the purposes of this case, any acts of the defendants herein in that they admit having acted under color of law are the acts of the State of Illinois within the meaning of the Fourteenth Amendment.3
"The elements of the offenses charged by each of the plaintiffs are: (1) That he or she is a person within the jurisdiction of the United States; (2)

To continue reading

Request your trial
20 cases
  • Roberts v. Pepersack
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • June 29, 1966
    ...Monroe v. Pape, 272 F.2d 365 (7th Cir. 1959). The Supreme Court reversed. Upon remand, plaintiffs were awarded $13,000. Monroe v. Pape, 221 F.Supp. 635 (N.D.Ill. 1963). Much confusion has stemmed from the Court's broad language (quoted above) regarding the relation between tort liability an......
  • United States v. Wolfson
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • November 15, 1968 examination of or into the person, the property, the premises or the personal effects of a person * * *." Monroe v. Pape, 221 F.Supp. 635, 642 (N.D.Ill., 1963). But even if requiring the signature was a search and seizure, it would still be reasonable not only because it was an incident ......
  • State v. Mark, A--1
    • United States
    • United States State Supreme Court (New Jersey)
    • January 24, 1966
    ...334, 342, 200 A.2d 606 (1964); cf. Henry v. United States, 361 U.S. 98, 103, 80 S.Ct. 168, 4 L.Ed.2d 134, 139 (1959); Monroe v. Pape, 221 F.Supp. 635, 642 (N.D.Ill.1963); State v. Romeo, 43 N.J. 188, 205, 203 A.2d 23 (1964), certiorari denied 379 U.S. 970, 85 S.Ct. 668, 13 L.Ed.2d 563 (1965......
  • United States v. Callahan
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • April 14, 1964
    ...— concluded that the "Spying" action did not constitute a search prohibited by the Fourth Amendment. 9 As defined in Monroe v. Pape, 221 F. Supp. 635, 642 (N.D.Ill.1963): "`* * * a "search" implies the authoritative invasion and quest and generally an examination of or into the person, the ......
  • 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