Sherman H. Skolnick v. Otto Spolar, Charles T. Martin, J. William Hayton, Arthur G. Lilly, Andcharles R. Perrigo, 317 F.2d 857 (7th Cir. 1963). · Go Syfert
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Sherman H. Skolnick v. Otto Spolar, Charles T. Martin, J. William Hayton, Arthur G. Lilly, Andcharles R. Perrigo, 317 F.2d 857 (7th Cir. 1963). Cases Citing This Book View Copy Cite
28 citation events (1 in the last 25 years) across 15 distinct courts.
Strongest positive: Yaodi Hu v. Peter Huey (ca7, 2009-04-28)
Treatment trajectory · 1963 → 2026 · click a year to view as-of
1963 1994 2026
Statutes interpreted (leading-cases list)
#19 42 U.S.C. § 1981-1988 cited 1× in this case · 75 total citations of statute
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Yaodi Hu v. Peter Huey
7th Cir. · 2009 · confidence medium
Illinois has no interest in the outcome of the eviction proceeding, and it did not transform Hu into a state actor “ ‘merely by holding its courts open to litigation.’ ” Paisey v. Vitale, 807 F.2d 889, 893 (11th Cir.1986) (quoting Henry v. First Nat’l Bank of Clarksdale, 444 F.2d 1300, 1309 (5th Cir.1971)); Skol-nick v. Spolar, 317 F.2d 857, 859 (7th Cir.1963).
cited Cited as authority (rule) Hammond v. Creative Financial Planning Organization, Inc.
E.D. Pa. · 1992 · confidence medium
Skolnick v. Spolar, 317 F.2d 857, 859 (7th Cir.1963), cert. denied, 375 U.S. 904 , 84 S.Ct. 195 , 11 L.Ed.2d 145 (1963).
discussed Cited as authority (rule) Phillips v. Fisher
D. Kan. · 1977 · confidence medium
Droppleman v. Horsley, 372 F.2d 249, 251 (10th Cir. 1967); Hurlburt v. Graham, 323 F.2d 723, 725 (6th Cir. 1963); Skolnick v. Spolar, 317 F.2d 857, 859 (7th Cir.), cert. den. 375 U.S. 904 , 84 S.Ct. 195 , 11 L.Ed.2d 145 , reh. den. 375 U.S. 960 , 84 S.Ct. 439 , 11 L.Ed.2d 318 (1963); Moffett v. Commerce Trust Co., 187 F.2d 242, 248, 249 (8th Cir. 1951); Bottone v. Lindsley, 170 F.2d 705, 707 (10th Cir. 1948); Smith v. Sinclair, 424 F.Supp. 1108, 1111 (W.D.Okl.1976); Gill v. Gill, 412 F.Supp. 1153, 1157 (E.D.Pa.1976); Surowitz v. New York City Employees’ Retirement System, 376 F.Supp. 369, 37…
discussed Cited as authority (rule) Leva Adkins v. The Honorable Robert C. Underwood
7th Cir. · 1975 · confidence medium
Even if it can be said that the Supreme Court of Illinois erred in judgment, “mere errors or irregularities * * * are not sufficient to show a purposeful conspiracy to deny * * * due process.” Skolnick v. Spolar, 317 F.2d 857, 859 (7th Cir. 1963), cert. denied, 375 U.S. 904 , 84 S.Ct. 195 , 11 L.Ed.2d 145 ; Brown v. Dunne, 409 F.2d 341, 343 (7th Cir. 1969), and there are no allegations that the Supreme Court of Illinois proceedings were a sham or that the justices invidiously used their office to deprive plaintiff of her rights.
discussed Cited "see" J. Edward Jones v. Evelyn S. Jones
7th Cir. · 1969 · signal: see · confidence high
See Skolnick v. Spolar, 317 F.2d 857 (7th Cir. 1963), cert. denied, 375 U.S. 904 , 84 S.Ct. 195 , 11 L.Ed.2d 145 , reh. denied, 375 U.S. 960 , 84 S.Ct. 439 , 11 L.Ed.2d 318 ; Skolnick v. Martin, 317 F.2d 855 (7th Cir. 1963) ; Meier v. State Farm Mutual Auto Ins.
cited Cited "see, e.g." Anna Duzynski v. Victoria Nosal
7th Cir. · 1963 · signal: see also · confidence medium
See also Skolnick v. Spolar et al., 7 Cir., 317 F.2d 857, 859 (a decision by this Court).
Retrieving the full opinion text from the archive…
Sherman H. SKOLNICK, Plaintiff-Appellant,
v.
Otto SPOLAR, Charles T. Martin, J. William Hayton, Arthur G. Lilly, and Charles R. Perrigo, Defendants-Appellees
13997.
Court of Appeals for the Seventh Circuit.
Jun 6, 1963.
317 F.2d 857
Peter S. Sarelas, Chicago, Ill., for appellant., Charles M. Rush, Charles T. Martin, Daniel P. Ward, Ronald Butler, Chicago, Ill., Edward J. Hladis, Chief of the Civil Division, Bell, Boyd, Lloyd, Haddad & Burns, Chicago, Ill., J. William Hayton, Chicago, Ill., of counsel, for Arthur G. Lilly, Charles R. Perrigo, Charles T. Martin, and J. William Hayton.
Hastings, Kiley, Knoch.
Cited by 24 opinions  |  Published
HASTINGS, Chief Judge.

Plaintiff Sherman H. Skolnick appeals from a judgment order of the district court, Honorable Joseph Sam Perry presiding, dismissing his complaint for failure to state a claim upon which relief could be granted.

This is a companion case to Skolnick v. Martin, et al., 7 Cir., 317 F.2d 855, decided adversely to appellant today. The instant case finds its genesis in the same state court action referred to therein.

On May 23, 1958, plaintiff filed a civil damage action in the Circuit Court of Cook County, Illinois (58-C-7219). Defendants named in this state court action were his stockbrokers, Hornblower and Weeks and the partners in that firm, including Arthur Lilly and Charles R. Perrigo. This complaint charged defendants with the breach of an alleged oral trust in handling plaintiff’s speculation in the stock market. Charles T. Martin and J. William Hayton acted therein-as attorneys for defendants.

The state court action was tried by a jury on January 18-26, 1961, resulting-in a disagreement of the jury. The case has never been retried in the state court and is still pending. Honorable L. L. Winn, circuit judge, presided at the state court trial and Otto Spolar was assigned as circuit court bailiff to Judge Winn’s courtroom.

On June 11, 1962, plaintiff filed the instant action in the United States District Court against Spolar, Martin, Hay-ton, Lilly and Perrigo. He sought to recover damages for alleged improprieties in the state court trial held in January,. 1961.

It is conceded there is no diversity of citizenship present in this case. Plaintiff attempts to invoke jurisdiction of the federal courts by claiming he suffered a deprivation of his rights under the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States. He further alleges that the state court trial resulted in a hung jury to his resultant loss and damage because of an alleged violation of the Federal Civil Rights Acts, 42 U.S.C.A. §§ 1981-1988.

Plaintiff asserts jurisdiction under the Federal Civil Rights Acts, supra, by virtue of 28 U.S.C.A. §§ 1343 and 1331. His principal reliance is upon the holding in Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). We-believe this reliance is misplaced.

The acts complained of arose during the progress of the state court trial. In substance, plaintiff (a member of the Jewish faith) charges that defendants conspired with each other to defeat his cause of action in violation of his constitutional rights wherein Spolar, acting as court bailiff, directed a deputy sheriff not to “bring up any blacks or sheenies” for jury service; that Spolar referred to plaintiff as a “kid sitting in a wheelchair making out like he is a cripple”; that Martin and Hayton excused a Negro prospective juror; that during a recess[*859] Spolar made derogatory remarks about plaintiff within hearing distance of the jurors who were then in the jury room; that during the deliberations of the jury Martin and Hayton attempted to overhear such deliberations and looked through the keyhole of the jury room door and from time to time made audible remarks to each other concerning the progress of the deliberations of the jury; and other charges in a similar vein against the bailiff and the lawyers.

For the reasons stated in our opinion today and under the authorities cited therein in the companion case of Skolnick v. Martin, et ah, supra, we hold that, under the facts of the instant case, plaintiff’s complaint does not state facts sufficient to state a claim under federal jurisdiction upon which relief could be granted.

This was a state court action between private parties in which the state merely furnished the forum and in which it had no interest. Those who are alleged to have conspired_cannot__be_said to have been acting under color of state law within the meañing'~ó'f “The" “Federal Civil Rights Acts.' The facts' alleged do not suppbrt”pTaihtiff’s conclusory statements that his federal constitutional rights have been violated.

The abuses of which plaintiff complains arise out of private rights and rights conferred by state law. Johnson v. Stone, 7 Cir., 268 F.2d 803 (1959); Miles v. Armstrong, 7 Cir., 207 F.2d 284 (1953). Mere errors or irregularities in the state court proceedings are not sufficient to show a purposeful conspiracy to deny plaintiff due process. Snowden v. Hughes, 321 U.S. 1, 64 S.Ct. 397, 88 L.Ed. 497 (1944); Hanna v. Home Insurance Company, 5 Cir., 281 F.2d 298 (1960).

The federal courts do not guarantee a citizen against the loss of a private civil action due to alleged irregularities in the trial thereof in' a state court.

Further, in accord with our holding today in Skolnick v. Martin, et ah, supra, the trial court did not err in ruling on the motion to dismiss the complaint without hearing oral argument thereon. It was properly and adequately submitted on the motion, objections and briefs filed by the parties and considered by the trial' court.

For the foregoing reasons, we hold that the judgment dismissing plaintiff’s complaint must be affirmed.

Affirmed.