Mulligan v. Schlachter, No. 17631.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtPER CURIAM
Citation389 F.2d 231
PartiesThomas U. MULLIGAN, Plaintiff-Appellant, v. Detective SCHLACHTER, Sergeant Ware, Lieutenant Morin, and Benjamin J. Safir, Defendants-Appellees.
Docket NumberNo. 17631.
Decision Date09 February 1968

389 F.2d 231 (1968)

Thomas U. MULLIGAN, Plaintiff-Appellant,
v.
Detective SCHLACHTER, Sergeant Ware, Lieutenant Morin, and Benjamin J. Safir, Defendants-Appellees.

No. 17631.

United States Court of Appeals Sixth Circuit.

February 9, 1968.


Thomas U. Mulligan, Jackson, Mich., for appellant.

Robert Reese, Corporation Counsel, John E. Cross, William P. Doran, Asst. Corporation Counsel, Detroit, Mich., for appellees.

Before PECK, McCREE, and COMBS, Circuit Judges.

PER CURIAM.

This is an appeal from the dismissal of a complaint brought by appellant under the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985(3),1 alleging that

389 F.2d 232
appellees Schlachter, Ware, and Morin conspired to and did deprive appellant of rights secured to him by the Constitution by arresting him without probable cause on a charge of murder for which he was subsequently convicted and is now incarcerated, and by seizing his property without probable cause, and that appellee Safir, an attorney, deprived him of constitutional rights by inadequately representing him at his trial.2

Appellees moved for dismissal on the ground that no cause of action had been stated. In the alternative, they moved for summary judgment, submitting affidavits tending to show that the arrest had been based on probable cause and that the search and seizure had been incident to the lawful arrest. The District Court did not rule on the motions for summary judgment, but instead dismissed the complaint on the authority of Curtis v. Tower, 262 F.2d 166 (6th Cir. 1959), where we stated:

The judgment of the State Court, if not vacated, corrected, or amended by the state reviewing courts, or set aside by the Federal Court for invasion of a federal constitutional right, must be accepted by us as in full force and effect * * *. If the State Court judgment is valid, the appellant has not been injured and his complaint in the District Court sets forth no cause of action under the Civil Rights Act. 262 F.2d at 167.

Curtis was decided prior to the decision of the Supreme Court in Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), in which the Court held that members of a family who had been routed from bed and made to stand naked in their living room while their home was searched by police officers, who later detained and interrogated the father for ten hours without taking him before an available magistrate, had stated a cause of action under the Civil Rights Act. In Monroe, the Court stated:

It is no answer that the State has a law which if enforced would give relief. The federal remedy is supplementary to the state remedy, and the latter need not be first sought and refused before the federal one is invoked. 365 U.S. at 183, 81 S.Ct. at 482.

Although all the implications of Monroe have yet to be worked out by the courts, it is apparent that our statement in Curtis does not make sufficient allowance for the distinct...

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170 practice notes
  • Dreyer v. Jalet, Civ. A. No. 71-H-973
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 18 Septiembre 1972
    ...the attorney is appointed by the court to represent a litigant does not alter the private nature of his actions. Mulligan v. Schlachter, 389 F.2d 231 (6th Cir. 1968); see Schack v. Starr, 440 F.2d 378 (5th Cir. 1971). Additionally, a legal aid lawyer or public defender is not vested with st......
  • Sullivan v. Murphy, No. 71-1632.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 16 Abril 1973
    ...denied, 400 U.S. 846, 91 S.Ct. 93, 27 L.Ed.2d 84 (1970). See Basista v. Weir, 340 F.2d 74, 81-82 (3d Cir., 1965) ; Mulligan v. Schlachter, 389 F.2d 231 (6th Cir., 1968). However, as will appear in later discussion, there may be reason for preserving police records in any case where there is......
  • Duverney v. State
    • United States
    • New York Court of Claims
    • 29 Octubre 1978
    ...be resolved against using the prior judgment as an estoppel. Kauffman v. Moss, 3rd Cir., 420 F.2d 1270; Mulligan v. Schlachter, 6th Cir., 389 F.2d 231; Nieves v. New York City Transit Authority, supra, 91 Page 245 Misc.2d 214, 397 N.Y.S.2d 531; Antieau, Federal Civil Rights Acts, Section 83......
  • Getty v. Reed, Nos. 76-1633
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 8 Febrero 1977
    ...dissenting from denial of writ); Coogan v. Cincinnati Bar Ass'n, 431 F.2d 1209 (6th Cir. 1970), with Mulligan v. Schlacter (Schlachter), 389 F.2d 231 (6th Cir. 1968); Blankner v. City of Chicago, 504 F.2d 1037 (7th Cir. 1974), with Hampton v. City of Chicago, 484 F.2d 602, 606 n. 4 (7th Cir......
  • Request a trial to view additional results
170 cases
  • Dreyer v. Jalet, Civ. A. No. 71-H-973
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 18 Septiembre 1972
    ...the attorney is appointed by the court to represent a litigant does not alter the private nature of his actions. Mulligan v. Schlachter, 389 F.2d 231 (6th Cir. 1968); see Schack v. Starr, 440 F.2d 378 (5th Cir. 1971). Additionally, a legal aid lawyer or public defender is not vested with st......
  • Sullivan v. Murphy, No. 71-1632.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 16 Abril 1973
    ...denied, 400 U.S. 846, 91 S.Ct. 93, 27 L.Ed.2d 84 (1970). See Basista v. Weir, 340 F.2d 74, 81-82 (3d Cir., 1965) ; Mulligan v. Schlachter, 389 F.2d 231 (6th Cir., 1968). However, as will appear in later discussion, there may be reason for preserving police records in any case where there is......
  • Duverney v. State
    • United States
    • New York Court of Claims
    • 29 Octubre 1978
    ...be resolved against using the prior judgment as an estoppel. Kauffman v. Moss, 3rd Cir., 420 F.2d 1270; Mulligan v. Schlachter, 6th Cir., 389 F.2d 231; Nieves v. New York City Transit Authority, supra, 91 Page 245 Misc.2d 214, 397 N.Y.S.2d 531; Antieau, Federal Civil Rights Acts, Section 83......
  • Getty v. Reed, Nos. 76-1633
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 8 Febrero 1977
    ...dissenting from denial of writ); Coogan v. Cincinnati Bar Ass'n, 431 F.2d 1209 (6th Cir. 1970), with Mulligan v. Schlacter (Schlachter), 389 F.2d 231 (6th Cir. 1968); Blankner v. City of Chicago, 504 F.2d 1037 (7th Cir. 1974), with Hampton v. City of Chicago, 484 F.2d 602, 606 n. 4 (7th Cir......
  • Request a trial to view additional results

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