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BOYDEN v. TROKEN
May 17, 1973
NORMAN BOYDEN, PLAINTIFF,
JAMES TROKEN ET AL., DEFENDANTS.
The opinion of the court was delivered by: Bauer, District Judge.
MEMORANDUM OPINION AND ORDER
This cause comes on the motion of defendant City of Chicago to
dismiss the complaint against it.
The plaintiff, Norman Boyden, is a United States citizen and a
resident of Chicago, Illinois. The defendants are the City of
Chicago ("Chicago"), a municipal corporation created and
existing under the laws of the State of Illinois; Chicago
Police Officers James Troken, Joseph M. McMahon, H. Berge, and
various John Does whose names and identities are presently
unknown; and the Ascot Motel Lounge ("Ascot"), and its agent
In the complaint the plaintiff alleges, inter alia, the
1. The police officer defendants are employees of the City
of Chicago, who deprived the plaintiff of his civil rights
under the color of state law.
2. On or about August 10, 1970, at Chicago Police
Headquarters, 1121 S. State, the plaintiff, after having
been arrested, was struck, beaten, pushed, assaulted, and
battered by all police officer defendants.
3. This infliction of summary physical punishment deprived
the plaintiff of due process and caused him to suffer bodily
4. The plaintiff was denied full and equal protection of the
law. More specifically, plaintiff alleges that he was
arrested without just, probable or lawful cause; deprived of
his liberty until he could post bond; and was thereby
required to defend himself against such improper charges and
incur the expense of such a defense.
5. That certain unknown Chicago Police Officers referred to
as John Does knew of the above described wrongs but failed
to prevent or aid in the prevention of those wrongs.
6. On or about August 10, 1970 the defendant Ascot Motel
Lounge through its agent Jill Germaine did cause the
plaintiff to be wrongfully confined against his will, and
with no reasonable method of exit left open to him and
wrongfully caused charges to issue against the plaintiff,
Norman Boyden, for violation of the law, and thereby
required him to defend himself against such charges and
incur expenses for such defense.
7. Two or more of all the defendants conspired to deprive
the plaintiff, and did in fact deprive the plaintiff, of
privileges and immunities secured by the Constitution or
laws of the United States.
The plaintiff seeks to recover damages in the amount of forty
thousand dollars plus the cost of maintaining this action.
The defendant, Chicago, in support of its motion, contends that
plaintiff has failed to state a claim upon which relief can be
granted against it. The plaintiff, in opposition to the instant
motion, contends that he has ...
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