Swanson v. McGuire
Decision Date | 03 November 1960 |
Docket Number | No. 57 C 1164.,57 C 1164. |
Citation | 188 F. Supp. 112 |
Parties | Walter J. SWANSON, Plaintiff, v. William F. McGUIRE et al., Defendants. |
Court | U.S. District Court — Northern District of Illinois |
Joseph M. Taussig, Chicago, Ill., for plaintiff.
John Melaniphy, Corp. Counsel, Chicago, Ill., for defendants.
Plaintiff originally brought this action under the Civil Rights Acts, Title 42 U.S.C.A. §§ 1983, 1985 and 1986 and under Title 28 U.S.C. §§ 1331 and 1343, for damages against defendants, police officers of the City of Chicago.
On December 5, 1957 I dismissed Counts 2 and 3 of plaintiff's amended complaint and denied defendants' motion to dismiss Count 1 of the amended complaint.
Count 1 of the complaint alleges: that on August 29, 1956 plaintiff was sleeping in a building occupied by the Catholic Charities of the Archdiocese of Chicago, 645 West Randolph Street, Chicago; that he was invited to be there; that after 7:00 p. m. someone unfamiliar with the previous invitation called the police; that Thurmon Stearnes, defendant, answered the call, arrested plaintiff and took him to the Monroe Street police station; that at the police station each of the defendants, without provocation, beat him; that these acts were done by defendants "under color of law"; that a complaint under Section 1 of Chapter 193, Municipal Code of Chicago for disorderly conduct lodged against plaintiff by defendant police officers, was unfounded and was dismissed; that plaintiff's arrest was illegal; that there was in existence a custom or usage of the City of Chicago whereby persons were assaulted and battered by police officers of the City of Chicago for failure to obey breach of the peace statutes and ordinances; that there was also in existence a custom or usage of the City of Chicago whereby when a person was arrested by the police under circumstances which gave rise to an apprehension that he might claim a cause of action for damages, false arrest, imprisonment, or assault and battery against the police, a complaint would be lodged against such persons for alleged violation of Section 1 of Chapter 193 of the Municipal Code of Chicago; and that thereafter the arrested person would be threatened with prosecution under such complaint unless he would execute a release of liability for damages for such arrest, imprisonment or battery in favor of the City of Chicago and the alleged defending police officers. A violation of Title 42 U.S.C.A. § 1983 is alleged which provides as follows:
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, 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, suit in equity, or other proper proceeding for redress."
My denial of defendants' motion to dismiss Count 1 of the complaint on December 5, 1957 was based upon a consideration and analysis of the following cases: Collins v. Hardyman, 341 U.S. 651, 71 S.Ct. 937, 95 L.Ed. 1253; Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939; Screws v. United States, 325 U.S. 91, 65 S.Ct. 1031, 89 L.Ed. 1495; Snowden v. Hughes, 321 U.S. 1, 64 S.Ct. 397, 88 L. Ed. 497; Lane v. Wilson, 307 U.S. 268, 59 S.Ct. 872, 83 L.Ed. 1281; United States v. Cruikshank, 92 U.S. 542, 23 L. Ed. 588; Geach v. Moynahan, 7 Cir., 207 F.2d 714; Miles v. Armstrong, 7 Cir., 207 F.2d 284; Clark v. United States, 5 Cir., 193 F.2d 294; Worthington v. United States, 6 Cir., 166 F.2d 557; Crews v. United States, 5 Cir., 160 F.2d 746; Burt v. City of New York, 2 Cir., 156 F.2d 791; Picking v. Pennsylvania R. Co., 3 Cir., 151 F.2d 240; U. S. ex rel. Potts v. Rabb, 3 Cir., 141 F.2d 45; Dye v. Cox, D.C., 125 F.Supp. 714.
On June 10, 1959 I again had the occasion to study exhaustively the history and purpose of the Civil Rights Acts as well as current cases. See Egan v. City of Aurora, D.C., 174 F.Supp. 794.
Subsequent to December 5, 1957, the Court of Appeals for the Seventh Circuit, in Wakat v. Harlib, 253 F.2d 59, upheld a cause of action under the Civil Rights Acts where Chicago police officers unlawfully arrested and beat plaintiff, and extorted a false confession from him.
However, on May 11, 1959 in Stift v. Lynch, 7 Cir., 267 F.2d 237, 240, the Court upheld the dismissal of a complaint under the Civil Rights Acts alleging false arrest and false imprisonment by defendants, a sheriff and deputy sheriff of DuPage County, Illinois. The Court stated at pages 240 and 241:
Then in Monroe v. Pape, 7 Cir., 272 F.2d 365, 366, decided on November 23, 1959 the Court upheld the dismissal of a complaint under the Civil Rights Acts alleging an unreasonable search and seizure, a series of unjustified batteries and a long, inherently coercive and unjustifiably secret detention committed against plaintiffs by defendants, Chicago police officers, acting under color of law. The Court said at page 366:
Finally, on June 1, 1960, in Truitt v. Illinois, 7 Cir., 278 F.2d 819, the Court at page 820 further explained its interpretation of the Civil Rights Acts:
Since these decisions affected my denial on December 5, 1957 of defendants' motion to dismiss Count 1 of the instant complaint, I set the cause specially for argument on October 24, 1960 in order to determine whether or not a cause of action is stated under the Civil Rights Acts.
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