Rufus Coleman v. Walter Johnston, Justin A. McGowan Kinzie Bluett and Frank G. Sain

FINNEGAN, Circuit Judge.

By their motion to dismiss plaintiff Coleman’s complaint seeking redress under the Civil Rights Act, 42 U.S.C.A. § 1983, defendant police officers and warden, admitted all facts well pleaded. Chicago & Northwestern Ry. v. First Nat. Bank, 7 Cir., 1952, 200 F.2d 383, 384. Yet the district judge, erroneously we think, dismissed the cause because the complaint failed to state a cause of action under the Civil Rights Act “for the reason that no deprivation of a Constitutional right is alleged.” Of course, under the applicable Rule of Federal Civil Procedure findings were…