Schnell v. City of Chicago, 407 F.2d 1084 (7th Cir. 1969). · Go Syfert
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Schnell v. City of Chicago, 407 F.2d 1084 (7th Cir. 1969). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1970 · …equitable relief is appropriate in a situation where governmental officials have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct. at p. 1086 ✓
cited 2× by 2 distinct cases, last quoted 1981 · …government officials have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct. at p. 1086 ✓
cited 2× by 1 distinct case, last quoted 1973 · …police were interfering with plaintiffs' constitutional right to gather and report news. ≈ altered
183 citation events (17 in the last 25 years) across 45 distinct courts.
Strongest positive: Indiana ex rel. Indiana Department of Workforce Development v. Oji Afiba Washington (In re Oji Afiba Washington) (innb, 2016-02-05) · Strongest negative: Ardale Calvin v. James B. Conlisk, Jr., Etc. (ca7, 1975-09-03)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Ardale Calvin v. James B. Conlisk, Jr., Etc.
7th Cir. · 1975 · signal: but see · confidence high
But see Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969). 8 .
discussed Overruled in part Autila v. Massachusetts Bay Transportation Authority
D. Mass. · 2022 · signal: but see · confidence bake:confirmed_red
But see N. Ind. Gun & Outdoor Shows, Inc. v. City of S. Bend, 163 F.3d 449, 453 (7th Cir. 1998) (acknowledging prior precedent interpreting “written instrument” to include affidavits) (citing Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir. 1969), overruled on other grounds by City of Kenosha v. Bruno, 412 U.S. 507 (1973)).
discussed Cited as authority (rule) Indiana ex rel. Indiana Department of Workforce Development v. Oji Afiba Washington (In re Oji Afiba Washington)
Bankr. N.D. Ind. · 2016 · confidence medium
See, Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend, 163 F.3d 449, 452-53 (7th Cir.1998) (under Rule 10(c), documents attached to the complaint are incorporated into the pleadings); Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969) (exhibits attached to a complaint are a part thereof for all purposes).
discussed Cited as authority (rule) Backes v. VILLAGE OF PEORIA HEIGHTS, ILL.
7th Cir. · 2011 · confidence medium
That case simply reaffirmed the holding of Schnell v. City of Chicago that supervisory personnel may be liable under § 1983 when they “have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct.” Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969); see also Hampton, 600 F.2d at 626-27 .
discussed Cited as authority (rule) Hatchett v. Barland
E.D. Wis. · 2011 · confidence medium
The Supreme Court as well as the Court of Appeals for the Seventh Circuit have emphasized that “[t]he loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373-74 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (citation omitted); see also Dombrowski v. Pfister, 380 U.S. 479, 485-86 , 85 S.Ct. 1116 , 14 L.Ed.2d 22 (1965) (holding that an allegation of impairment to freedom of expression demonstrated an irreparable injury); Joelner v. Vill. of Wash. Park, Ill., 378 F.3d 613, 620 (7th Cir.2004) (quoting Elrod…
discussed Cited as authority (rule) Hays v. Bardasian
N.D. Ind. · 2009 · confidence medium
See, Fed.R.Civ.P. 10(c); Northern Indiana Gun, 163 F.3d at 453 (concluding that the broader interpretation of “written instrument” comports with the generous nature in which we view pleadings, and therefore “written instrument,” as used in Rule 10(c), includes documents such as affidavits) (citing Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969), overruled on other grounds by, City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973)).
discussed Cited as authority (rule) Riggins, Cortez v. Walter, Andrew
7th Cir. · 2002 · confidence medium
Riggins’ amended complaint states that Walter "punished the plaintiff by placing him . . . into segregation." (R. at 4.) However, one of the exhibits that he submitted to support his claim states that "I was put in segregation under investigative status." See Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir. 1969) (holding that under Fed.
discussed Cited as authority (rule) Cortez Riggins v. Andrew Walter, Russell Ticer, T. Thomas
7th Cir. · 2001 · confidence medium
Rig-gins’ amended complaint states that Walter “punished the plaintiff by placing him ... into segregation.” (R. at 4.) However, one of the exhibits that he submitted to support his claim states that “I was put in segregation under investigative status.” See Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969) (holding that under Fed.R.Civ.P. 10(c), “affidavits and exhibits attached to the complaint are a part thereof for all purposes”).
discussed Cited as authority (rule) Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend, Stephen Leucke, Brian R. Hedman, and Karl King
7th Cir. · 1998 · confidence medium
Historically, this Court has interpreted the term “written instrument” 4 as used in Rule 10(c) to include documents such as affidavits, Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969), overruled on other grounds by City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973), and letters, In re Wade, 969 F.2d 241, 249 (7th Cir.1992), as well as contracts, Craigs, 12 F.3d at 688-89, and loan documentation, Graue Mill Dev.
cited Cited as authority (rule) Anderson v. Illinois Bell Telephone Co.
N.D. Ill. · 1997 · confidence medium
Fed.R.Civ.P. 10(e) (“A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”); Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969).
discussed Cited as authority (rule) Hamlyn v. ROCK ISLAND COUNTY METROPOLITAN
C.D. Ill. · 1997 · confidence medium
Examples include a First Amendment claim that one's speech is presently being chilled, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976); National People's Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), a Due Process or Eighth Amendment allegation concerning a continued threat to a prisoner's health or safety, Preston v. Thompson, 589 F.2d 300 , 302-03 & n. 3 (7th Cir.1978); Jolly v. Coughlin, 894 F.Supp. 734, 740 (S.D.N.Y.1995), aff'd, 76 F.3d 468, 482 (2d Cir.1996); Young v. B…
discussed Cited as authority (rule) Hamlyn v. Rock Island County Metropolitan Mass Transit District
C.D. Ill. · 1997 · confidence medium
Examples include a First Amendment claim that one’s speech is presently being chilled, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976); National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1013 (7th Cir.1990); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), a Due Process or Eighth Amendment allegation concerning a continued threat to a prisoner’s health or safety, Preston v. Thompson, 589 F.2d 300 , 302-03 & n. 3 (7th Cir.1978); Jolly v. Coughlin, 894 F.Supp. 734, 740 (S.D.N.Y.1995), aff'd, 76 F.3d 468, 482 (2d Cir.1996); Youn…
discussed Cited as authority (rule) Cortez Riggins v. Andrew Walter, Russell Ticer, T. Thomas
7th Cir. · 1995 · confidence medium
Riggins' amended complaint states that Walter "punished the plaintiff by placing him ... into segregation." (R. at 4.) However, one of the exhibits that he submitted to support his claim states that "I was put in segregation under investigative status." See Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir. 1969) (holding that under Fed.
cited Cited as authority (rule) Hall v. Bellmon
10th Cir. · 1991 · signal: contra · confidence medium
Rose v. Bartle, 871 F.2d 331 , 339-40 n. 3 (3d Cir.1989); contra Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969) (holding that affidavits attached to the complaint are part thereof).
cited Cited as authority (rule) Hall v. Bellmon
10th Cir. · 1991 · signal: contra · confidence medium
Rose v. Bartle, 871 F.2d 331 , 339-40 n. 3 (3d Cir.1989); contra Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969) (holding that affidavits attached to the complaint are part thereof).
cited Cited as authority (rule) National People's Action v. Village of Wilmette and Fred W. Stoecker
7th Cir. · 1990 · confidence medium
See Citizens for a Better Env’t v. City of Park Ridge, 567 F.2d 689, 691 (7th Cir.1975); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969); see also 11 C.
discussed Cited as authority (rule) Outboard Marine Corporation v. Lee M. Thomas
7th Cir. · 1985 · confidence medium
OMC relies upon Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), and Henry v. Greenville Airport Comm'n, 284 F.2d 631 , 633 (4th Cir.1960), in support of its argument that irreparable harm necessarily flows from a constitutional violation.
discussed Cited as authority (rule) Outboard Marine Corp. v. Thomas
7th Cir. · 1985 · confidence medium
OMC relies upon Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969), and Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 633 (4th Cir.1960), in support of its argument that irreparable harm necessarily flows from a constitutional violation.
cited Cited as authority (rule) Handschu v. Special Services Division
S.D.N.Y. · 1985 · confidence medium
Judge Weinfeld, writing in 1972, cited Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969) for the availability of equitable relief.
cited Cited as authority (rule) Rizzo v. WGN Continental Broadcasting Co.
N.D. Ill. · 1985 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969).
cited Cited as authority (rule) Willamette Savings & Loan v. Blake & Neal Finance Co.
D. Or. · 1984 · confidence medium
See Fed.R.Civ.P. 10(c); Amfac Mortgage Corp., 583 F.2d at 429-30 ; Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir.1969).
discussed Cited as authority (rule) Schacht v. Brown
7th Cir. · 1983 · confidence medium
In examining the complaint, we are guided by the principle that the "liberal pleading policy of the [Federal Rules of Civil Procedure] prevents dismissal of a meritorious action for purely formal or technical reasons," Murphy v. White Hen Pantry Co., 691 F.2d 350, 353 (7th Cir.1982), and that we are to construe the pleadings in the plaintiff's favor, Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969). 7 Moreover, this court may grant leave to amend the complaint to correct even substantive errors in the pleadings where this would facilitate a decision on the merits and no prejudice…
discussed Cited as authority (rule) Schacht v. Brown
7th Cir. · 1983 · confidence medium
In examining the complaint, we are guided by the principle that the “liberal pleading policy of the [Federal Rules of Civil Procedure] prevents dismissal of a meritorious action for purely formal or technical reasons,” Murphy v. White Hen Pantry Co., 691 F.2d 350, 353 (7th Cir.1982), and that we are to construe the pleadings in the plaintiff’s favor, Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir.1969). 7 Moreover, this court may grant leave to amend the complaint to correct even substantive errors in the pleadings where this would facilitate a decision on the merits and no pre…
discussed Cited as authority (rule) Yellow Springs Exempted Village School District Board of Education v. Ohio High School Athletic Ass'n
6th Cir. · 1981 · confidence medium
It relied primarily on the rule best stated in Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969): Plaintiffs state a claim where “government officials have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct.” Accord, Peek v. Mitchell, 419 F.2d 575 (6th Cir. 1970) (dictum).
discussed Cited as authority (rule) Yellow Springs Exempted Village School District Board of Education v. Ohio High School Athletic Association, Yellow Springs Exempted Village School District Board of Education v. Ohio State Board of Education
6th Cir. · 1981 · confidence medium
It relied primarily on the rule best stated in Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969): Plaintiffs state a claim where "government officials have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct." Accord, Peek v. Mitchell, 419 F.2d 575 (6th Cir. 1970) (dictum).
discussed Cited as authority (rule) Albert Brucar and Ruth Brucar v. Ira Rubin, Marvin Juron, and Harry Weisberg
7th Cir. · 1981 · confidence medium
City of Milwaukee v. Saxbe, 546 F.2d 693, 704 (7th Cir. 1976); Black v. Brown, 513 F.2d 652 , 654 n.3 (7th Cir. 1975); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969). 3 To recover under § 1983, the plaintiffs must show that the defendants’ acts operated to deprive them of their constitutional rights and that the defendants acted under color of state law.
discussed Cited as authority (rule) Larry Charbert Hayes v. James R. Thompson (2×)
7th Cir. · 1980 · confidence medium
Hampton v. Hanrahan, 600 F.2d 600, 626-27 (7th Cir. 1979), citing Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969).
discussed Cited as authority (rule) Roe v. Borup
E.D. Wis. · 1980 · confidence medium
In either situation, if the police officials had a duty, as they admittedly had here, to prevent the officers under their direction from committing the acts which are alleged to have occurred, . . . they are the proper defendants in this action.” Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969) (citations omitted).
discussed Cited as authority (rule) Baird v. White
D. Mass. · 1979 · confidence medium
Cf. Dombrowski v. Pfister, 380 U.S. 479, 486-7 , 85 S.Ct. 1116 , 14 L.Ed.2d 22 (1965); Lewis v. Kugler, 446 F.2d 1343, 1350 (3rd Cir. 1971); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969). 3 .
discussed Cited as authority (rule) McCormick v. Hirsch
M.D. Penn. · 1978 · confidence medium
Citing Lewis v. Kugler, 446 F.2d 1343, 1350 (3d Cir. 1971); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Green v. Kennedy, 309 F.Supp. 1127, 1139 (D.D.C.1970) and others as authority. 53 .
discussed Cited as authority (rule) Producers Oil Co. v. Gore
E.D. Okla. · 1977 · confidence medium
O’Brien v. Di Grazia, 544 F.2d 543 , 545 n. 1(1st Cir. 1976), cert. denied, 431 U.S. 914 , 97 S.Ct. 2173 , 53 L.Ed.2d 223 (1977); Schnell v. City of Chicago, 407 F.2d 1084, 1085 (7th Cir. 1969); Mengel Co. v. Nashville Paper Products & Specialty Workers Union, No. 513, 221 F.2d 644, 647 (6th Cir. 1955); Ford v. Jones, 372 F.Supp. 1187,1188 (E.D.Ky.1974); Framlau Corp. v. Dembling, 360 F.Supp. 806 , 809 n. 1 (E.D.Pa.1973); cf. Olpin v. Ideal National Insurance Co., 419 F.2d 1250, 1255 (10th Cir. 1969), cert. denied, 397 U.S. 1074 , 90 S.Ct. 1522 , 25 L.Ed.2d 809 (1970).
discussed Cited as authority (rule) Rizzo v. Goode (2×)
SCOTUS · 1976 · confidence medium
In either situation, if the police officials had a duty, as they admittedly had here, to prevent the officers under their direction from committing the acts which are alleged to have occurred during the Convention, they are proper defendants in this action." Schnell v. City of Chicago, 407 F. 2d 1084, 1086 (CA7 1969).
cited Cited as authority (rule) Illinois Migrant Council v. Pilliod
N.D. Ill. · 1975 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1986 (7th Cir. 1969); Lankford v. Gelston, 364 F.2d 197, 200 (4th Cir. 1966); 11 C.
discussed Cited as authority (rule) Downs v. Department of Public Welfare
E.D. Pa. · 1973 · confidence medium
See, e. g., Lewis v. Kugler, 446 F.2d 1343, 1351 (3 Cir. 1971); Adams v. Pate, 445 F.2d 105 , 107 n. 2 (7 Cir. 1971); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7 Cir. 1969); Lankford v. Gelston, 364 F.2d 197 , 205 n. 9 (4 Cir. 1966); Jennings v. Davis, 339 F.Supp. 919, 921 (W.D.Mo.1972), aff’d, 476 F.2d 1271, 1274 (8 Cir. 1973); Wilgus v. Peterson, 335 F.Supp, 1385, 1390 (D.Del.1972); Hernandez v. Noel, 323 F.Supp. 779, 783 (D.Conn.1970); Leslie Tobin Imports, Inc. v. Rizzo, 305 F. Supp. 1135, 1141 (E.D.Pa.1969).
discussed Cited as authority (rule) McGhee v. Moyer
W.D. Va. · 1973 · confidence medium
There is'no such requirement of direct personal involvement when injunctive relief is an issue, Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969) ; Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966), but because this case has been limited to damages, the members of the Welfare Board should not be required to defend this suit.
discussed Cited as authority (rule) Public Funds for Public Schools of NJ v. Marburger
D.N.J. · 1973 · confidence medium
Lewis v. Kugler, 446 F.2d 1343, 1350 (3rd Cir. 1971); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Green v. Kennedy, 309 F.Supp. 1127, 1139 (D.D.C.1970); Fortune Society v. McGinnis, 319 F.Supp. 901, 903 (S.D.N.Y.1970); Delaware and Hudson Railway Co. v. United Transp.
cited Cited as authority (rule) Handschu v. Special Services Division
S.D.N.Y. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969). 14 .
discussed Cited as authority (rule) Misurelli v. City of Racine
E.D. Wis. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Adams v. City of Park Ridge, 293 F.2d 585, 587 (7th Cir. 1961). [2] "An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute * * * shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a district court of three judges * * *." For purposes of § 2281,…
cited Cited as authority (rule) Misurelli v. City of Racine
E.D. Wis. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969) ; Adams v. City of Park Ridge, 293 F.2d 585, 587 (7th Cir. 1961). .
discussed Cited as authority (rule) Green v. Waterford Board of Education
D. Conn. · 1972 · confidence medium
See also, Harkless v. Sweeny Independent School Dist., 427 F.2d 319, 321-323 (5th Cir. 1970), cert. denied, 400 U.S. 991 , 91 S.Ct. 451 , 27 L.Ed.2d 439 (1971); Dailey v. City of Lawton, 425 F.2d 1037, 1038-1039 (10th Cir. 1970); Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969).
cited Cited as authority (rule) Morales v. Schmidt
W.D. Wis. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969).
cited Cited as authority (rule) Derby v. University of Wisconsin
E.D. Wis. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969).
cited Cited as authority (rule) Schreiber v. Joint School District No. 1, Gibraltar, Wis.
E.D. Wis. · 1972 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Adams v. City of Park Ridge, 293 F.2d 585, 587 (7th Cir. 1961).
cited Cited as authority (rule) Bruno v. City of Kenosha
E.D. Wis. · 1971 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Adams v. City of Park Ridge, 293 F.2d 585, 587 (7th Cir. 1961).
discussed Cited as authority (rule) George W. Lewis v. George F. Kugler, Jr., Individually and in His Official Capacity as Attorney General of the State of New Jersey
3rd Cir. · 1971 · confidence medium
The United States Court of Appeals for the Seventh Circuit has noted that where, as in this case, it is alleged that first amendment rights have been chilled as a result of government action, a “presumption of irreparable harm is manifest.” Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); see Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967); Dombrowski v. Pfister, 380 U.S. 479 , 85 S.Ct. 1116 , 14 L.Ed.2d 22 (1965). 13 .
discussed Cited as authority (rule) McCue v. City of Racine
E.D. Wis. · 1971 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Adams v. City of Park Ridge, 293 F.2d 585, 587 (7th Cir. 1961); United States v. City of Jackson, Mississippi, 318 F.2d 1, 11 (5th Cir. 1963); Dailey v. City of Lawton, Oklahoma, 425 F.2d 1037 (10th Cir. 1970).
cited Cited as authority (rule) National Ass'n of Theatre Owners of Wisconsin, Inc. v. Motion Picture Commission
E.D. Wis. · 1971 · confidence medium
Schnell v. City of Chicago, 407 F.2d 1084 at 1086 (7th Cir. 1969); Abel v. Gousha, 313 F.Supp. 1030 (E.D.Wis. 1970); Gouge v. Joint School District No. 1, 310 F.Supp. 984 at 989 (W.D.Wis. 1970).
discussed Cited as authority (rule) Henson v. City of St. Francis
E.D. Wis. · 1971 · confidence medium
This facet of the case is governed by the holding in Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969), where the court of appeals ruled that injunctive relief is appropriate under § 1983.
discussed Cited as authority (rule) Palermo v. Rockefeller
S.D.N.Y. · 1971 · confidence medium
Although this seemingly definitive pronouncement may not bar a suit when only injunctive relief is sought, Schnell v. City of Chicago, 407 F.2d 1084, 1086 (7th Cir. 1969); Adams v. City of Park Ridge, 293 F.2d 585 (7th Cir. 1961), and plaintiffs in this case seek an injunction among other things [Compl. [¶] 2(b)], plaintiffs primarily seek damages, reeission, or specific performance of the agreement: the only form of injunctive relief which might issue against the City would be an injunction restraining further participation of its employees and agents in this and other plea negotiations, or …
discussed Cited as authority (rule) Hernandez v. Noel
D. Conn. · 1970 · confidence medium
Monroe v. Pape, 365 U.S. 167, 169 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961); Schnell v. City of Chicago, 407 F.2d 1084, 1085-1086 (7th Cir. 1969); Lankford v. Gelston, 364 F.2d 197, 198 (4th Cir. 1966); Birnbaum v. Trussed, 347 F.2d 86 , 87 n. 2 (2d Cir. 1965).
Retrieving the full opinion text from the archive…
Frederick T. Schnell, Individually and as President of the Chicago Chapter of the American Society of Magazine Photographers P. Michael O'Sullivan Howard Michael Berliant and Daniel D. Morrill, on Behalf of Themselves and All Other Members of the Press Similarly Situated
v.
City of Chicago James B. Conlisk, Superintendent of Police of the City of Chicago and Certain Officers of the Police Department of the City of Chicago, Whose True Identities Are Unknown To
17147.
Court of Appeals for the Seventh Circuit.
Mar 17, 1969.
407 F.2d 1084
1969 U.S. App. LEXIS 13238
Cited by 16 opinions  |  Published

407 F.2d 1084

Frederick T. SCHNELL, individually and as President of the Chicago chapter of the American Society of Magazine Photographers; P. Michael O'Sullivan; Howard Michael Berliant; and Daniel D. Morrill, on behalf of themselves and all other members of the press similarly situated, Plaintiffs-Appellants,
v.
CITY OF CHICAGO; James B. Conlisk, Superintendent of Police of the City of Chicago; and certain officers of the Police Department of the City of Chicago, whose true identities are unknown to plaintiffs, Defendants-Appellees.

No. 17147.

United States Court of Appeals Seventh Circuit.

March 17, 1969.

Stanley A. Bass, Edwin A. Rothschild, David C. Long, Willard J. Lassers, Chicago, Ill., for appellants.

Irving Leuchter, Newark, N. J., amicus curiae.

Raymond F. Simon, Marvin E. Aspen, Stuart Sikevitz, Chicago, Ill., for appellees.

Before HASTINGS, Senior Circuit Judge, SWYGERT and CUMMINGS, Circuit Judges.

SWYGERT, Circuit Judge.

[*~1084–1086]1

This is an appeal from the district court's dismissal on its own motion of the plaintiffs' complaint which was brought under 42 U.S.C. § 1983. The complaint was filed Wednesday, August 28, 1968, during the middle of the week of the Democratic National Convention which was held in Chicago. The plaintiffs are news photographers who covered the Convention and attendant street activities during that week. The suit is a class action on behalf of the plaintiffs and all other members of the press similarly situated. Defendants are the City of Chicago, the Chicago Superintendent of Police, James B. Conlisk, Jr., and certain police officers of the Chicago Police Department whose identities are not known because of their alleged refusal to identify themselves and deliberate concealment of their identity resulting from the removal of their badges. The plaintiffs seek a permanent injunction against the defendants which would prevent them from "interfering with plaintiffs' constitutional right to gather and report news, and to photograph news events" and an order directing Police Superintendent Conlisk "to take appropriate action, including the issuance of proper orders, rules, regulations and instructions to the officers of the Chicago Police Department to insure the complete cessation of threats, force, or intimidation against plaintiffs."

2

When we are presented with an appeal from the dismissal of a complaint for lack of jurisdiction and failure to state a claim, the scope of our inquiry is limited to the complaint and the accompanying affidavits and exhibits. Contrary to the defendants' claim, the affidavits and exhibits attached to the complaint are a part thereof for all purposes. Fed.R. Civ.P. 10(c); Fisher Iron & Steel v. Elgin, J. & E. Ry. Co., 101 F.2d 373 (7th Cir. 1939). The district court's disclaimer of jurisdiction in this section 1983 case was in error. The Judicial Code, 28 U.S.C. § 1343(3), grants to the district courts original jurisdiction in civil actions commenced "to redress the deprivation, under color of any State law, statute, ordinance * * * of any right, privilege or immunity secured by the Constitution * * *." See also Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966); Note, THE FEDERAL INJUNCTION AS A REMEDY FOR UNCONSTITUTIONAL POLICE CONDUCT, 78 Yale L.J. 143 (1968).

[*~1085–1087]3

Viewing the plaintiffs' allegations in a light most favorable to them and construing the pleadings so as to do substantial justice as required by Fed.R.Civ.P. 8(f), we are of the view that the complaint states a claim under section 1983 upon which relief can be granted. This is a suit for equitable relief only and it is apparent from the literal wording of section 1983 that injunctive relief is a proper remedy if the alleged unconstitutional deprivation of rights is established. See Adams v. City of Park Ridge, 293 F.2d 585 (7th Cir. 1961). Under section 1983, equitable relief is appropriate in a situation where governmental officials have notice of the unconstitutional conduct of their subordinates and fail to prevent a recurrence of such misconduct. Hague v. CIO, 307 U.S. 496, 59 S.Ct. 954, 83 L.Ed. 1423 (1939). From a legal standpoint, it makes no difference whether the plaintiffs' constitutional rights are violated as a result of police behavior which is the product of the active encouragement and direction of their superiors or as a result of the superiors' mere acquiescence in such behavior. In either situation, if the police officials had a duty, as they admittedly had here, to prevent the officers under their direction from committing the acts which are alleged to have occurred during the Convention, they are proper defendants in this action. Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966). If the injuries which allegedly predated the filing of the complaint and which allegedly will reoccur at a future time are established at trial, the district court would be warranted in granting some form of the relief requested. Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966). The presumption of irreparable harm is manifest here where it is alleged that first amendment rights have been chilled as a result of both government action and inaction. Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965); Zwickler v. Koota, 389 U.S. 241, 88 S.Ct. 391, 19 L.Ed.2d 444 (1967). There can be no conclusion but that the complaint sufficiently alleges that constitutionally protected activity was and continues to be interfered with by the named defendants and that the defendants have the duty and power to prevent any future interference. These allegations, if true, would be ground for relief under 42 U.S.C. § 1983.

[*~1086–1087]4

The defendants contend, however, that the City of Chicago and the Superintendent of Police are not proper parties in this action. Adams v. City of Park Ridge, 293 F.2d 585 (7th Cir. 1961), and Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966), demonstrate that this contention is erroneous. The claim is also made that unknown police officers are not proper parties to this action. Unlike Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), liability in the form of money damages is not sought here. There is no reason why unidentified and allegedly unidentifiable police officers should not be subject to this action and to a remedial injunction if issued. A contrary rule would encourage continuation of the unlawful removal of official identification which allegedly occurred during the week of the Democratic National Convention. The final defense asserted by the defendants is that this is not a proper class action under Fed.R.Civ.P. 23(a) (4) for the reason that the plaintiff news photographers do not adequately represent all news media personnel. This argument is without any merit. We perceive no meaningful difference between the news photographers as a class and news media personnel.

5

The judgment of dismissal is reversed and the cause is remanded for trial on the merits.