Sarelas v. Porikos
| Decision Date | 04 September 1963 |
| Docket Number | No. 14011.,14011. |
| Parties | Peter S. SARELAS, Plaintiff-Appellant, v. George S. PORIKOS et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Peter S. Sarelas, Chicago, Ill., for appellant.
John C. Gekas, Chicago, Ill., for appellees.
Before, DUFFY, KNOCH and KILEY, Circuit Judges.
Sarelas appeals from a District Court judgment dismissing his suit against fourteen defendants under the federal Civil Rights Acts.1
The basis of Sarelas' suit is an earlier action in the Circuit Court of Cook County. The Circuit Court dismissed the conspiracy and defamation charges, and entered summary judgment against Sarelas on an assault and battery charge. The Supreme Court of Illinois dismissed his appeal and the Supreme Court of the United States denied certiorari. 370 U.S. 904, 82 S.Ct. 1251, 8 L.Ed.2d 400.
The suit at bar charges the fourteen defendants, thirteen of whom are Illinois attorneys, with conspiracy, while acting under color of Illinois law, to deprive plaintiff of due process and equal protection of the laws, in the Illinois Circuit Court action. The nub of the overt acts he charges, pursuant to the alleged conspiracy, is abuse of process in procuring, having certified and presenting to the Circuit Court his depositions taken by virtue of a Circuit Court order.
Affidavits in support of defendants' motions to dismiss and for summary judgment state that the same claims of irregularities and abuses in taking depositions were presented to the Circuit Court and passed upon by that court; and that the same claims were made to the Supreme Court of Illinois and on petition for certiorari before the United States Supreme Court. These sworn statements were not denied by Sarelas in his counter-affidavit.
Sarelas contends the District Court violated his constitutional rights in denying him a hearing and dismissing his suit without a motion to dismiss having been presented and without an inquiry.
There was no genuine issue of fact before the District Court upon the Circuit Court findings and judgment, which are final because plaintiff's appeal to the Supreme Court of Illinois was dismissed. Thus a question of law only was presented to the District Court and the record shows the question was extensively briefed by plaintiff. His motions were called for hearing and the District Court presumably was satisfied on the complaint, motions, affidavits and briefs, that oral arguments were not needed for decision. The judgment entered was based upon motions filed, and the exhaustive briefs, and we see no denial of hearing, or arbitrary action, under the circumstances. Rule 78 F.R.Civ.P., Skolnick v. Martin, 317 F.2d 855 (7th Cir. ...
To continue reading
Request your trial
-
Cia. Petrolera Caribe, Inc. v. Arco Caribbean, Inc.
...Co. v. Lawrenson, 334 F.2d 464, 466-67 (4th Cir.), cert. denied, 379 U.S. 869, 85 S.Ct. 141, 13 L.Ed.2d 71 (1964); Sarelas v. Porikos, 320 F.2d 827 (7th Cir.1963), cert. denied, 375 U.S. 985, 84 S.Ct. 519, 11 L.Ed.2d 473 (1964); cf. Hazen v. Southern Hills National Bank of Tulsa, 414 F.2d 7......
-
Sparkman v. McFarlin
...Insurance Co., 356 F.2d 504, 505 (7th Cir.), Cert. denied, 385 U.S. 875, 87 S.Ct. 151, 17 L.Ed.2d 102 (1966); Sarelas v. Porikos, 320 F.2d 827, 828 (7th Cir. 1963), Cert. denied, 375 U.S. 985, 84 S.Ct. 519, 11 L.Ed.2d 473 (1964); Skolnick v. Martin, 317 F.2d 855, 856-57 (7th Cir.), Cert. de......
-
Drexler v. Walters
...107 (D.Neb.1963), aff'd, 334 F.2d 709 (8th Cir. 1964), cert. denied 379 U.S. 915, 85 S.Ct. 263, 13 L.Ed.2d 186 (1965); Sarelas v. Porikos, 320 F.2d 827 (7th Cir. 1963), cert. denied 375 U.S. 985, 84 S.Ct. 519, 11 L.Ed.2d 473 (1964); Skolnick v. Spolar, 317 F.2d 857 (7th Cir. 1963), cert. de......
-
Dear v. Rathje
...of Columbus, Georgia, D.C.M.D. Ga., 205 F.Supp. 563 (1962). Since that time the same court has consistently so held. Sarelas v. Porikos, 320 F.2d 827, 828 (7th Cir. 1963), cert. denied 375 U.S. 985, 84 S.Ct. 519, 11 L. Ed.2d 473; Byrne v. Kysar, supra, 347 F.2d at 736; Brown v. Dunne, 409 F......