Public-domain · open source
OpenJurist

455 F.2d 490

Docket No. 71-1203.

John Grabinger and Robert Tovar v. James B. Conlisk, Jr.

Seventh Circuit Court of Appeals · decided 1972-01-21

Cited by 10 later decisions — most recently October 1995

5 federal appellate · 2 state decisions

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Grabinger v. Conlisk

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1972-01-21

View the full empirical analysis of this case →

Jeffrey A. Schulman, James G. Demopoulos, Chicago, Ill., for plaintiffs-appellants.

Richard L. Curry, Corp. Counsel, Daniel Pascale, Asst. Corp. Counsel, Chicago, Ill., for defendants-appellees; William R. Quinlan, Asst. Corp. Counsel, Thomas R. Mulroy, Jr., Senior Law Student, of counsel.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and GORDON, District Judge.*

PER CURIAM.

¶1

The issue raised by this appeal is whether the district court properly dismissed for failure to state a claim upon which relief could be granted a complaint brought pursuant to 42 U.S.C. Secs. 1983, 1985 and 1986. The complaint challenged the propriety of the suspension from duty for fifteen days of the plaintiff police officers by the defendants because of plaintiffs' disobedience of their superiors' order to submit to questioning monitored by polygraph without the presence of counsel concerning their alleged misconduct in the performance of their official duties.

¶2

We fully agree with the opinion of the district court, reported as Grabinger v. Conlisk, 320 F.Supp. 1213 (N.D.Ill. 1970), and we adopt and incorporate that opinion in its entirety.

¶3

The judgment of the district court is affirmed.

*

The Honorable Myron L. Gordon, United States District Judge for the Eastern District of Wisconsin, is sitting by designation

/455/f2d/490 · .json · Public domain