Legal Opinion

Webster Hardwick, Jr. v. Bernard Hurley and Steve Seno

Court of Appeals for the Seventh Circuit

Decided May 2, 1961No. 12958PublishedCited by 42 opinions

1Opinion of the Court

DUFFY, Circuit Judge.

This is a suit for damages brought under the Federal Civil Rights Acts, 42 U.S.C.A. §§ 1983, 1985 and 1986. The defendants are Chicago police officers. The District Court dismissed the complaint for failure to state a claim under the Act.

On December 6,1958, about 2:45 a. m., plaintiff “while to some degree under the influence of alcohol, was driving his car at an excessive rate of speed * * * ” 1 on Halsted Street in the City of Chicago. The defendant police officers stopped plaintiff, placed him under arrest and took him to a police station.

Plaintiff was ordered by…

2Cases cited5 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. United States v. ClassicSupreme Court of the United States · 1941
  3. Screws v. United StatesSupreme Court of the United States · 1945
  4. Stift v. LynchCourt of Appeals for the Seventh Circuit · 1959
  5. James Monroe v. Frank PapeCourt of Appeals for the Seventh Circuit · 1959

3Cited by42 opinions

  1. Lawrence William Wright v. Daniel McMann as Warden of Clinton State PrisonCourt of Appeals for the Second Circuit · 1967
  2. William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969
  3. Michael Cohen v. Russell K. NorrisCourt of Appeals for the Ninth Circuit · 1962
  4. Sena v. CommonwealthMassachusetts Supreme Judicial Court · 1994
  5. Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. AverettCourt of Appeals for the Fourth Circuit · 1970

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