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BOYD v. ADAMS

June 29, 1973

VERTIA BOYD, PLAINTIFF,
v.
R. ADAMS, BADGE NO. 13001, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Marovitz, District Judge.

MEMORANDUM OPINION

Motion To Dismiss And Summary Judgment

This is an action for declaratory judgment, injunctive relief and damages brought pursuant to 28 U.S.C. § 2201, 1331 and 1343 to redress injury arising out of alleged violations of the Civil Rights Act, 42 U.S.C. § 1983, 1985, 1986 and 1988. Plaintiff alleges deprivation of her constitutional rights as protected by the 1st, 4th, 5th, 6th, 8th and 14th amendments from the following undisputed facts as alleged in the five count complaint.

Plaintiff, Vertia Boyd, a passenger with two men in an automobile driven by Tommie Jones was ordered out of the car when officers Adams and Hofman, plain clothes policemen in an unmarked car, stopped the car after it turned left onto Laurel Street. The officers after preliminary inquiries searched the three men and the car finding no incriminating evidence and thereafter plaintiff, refusing to be searched, was violently pushed to the unmarked car, where the officers threatened and talked abusively to her. Plaintiff, pregnant at the time, was arrested for unstated reasons by the officers and later charged with disorderly conduct and resisting a police officer and held for five hours before release on bond. Plaintiff alleges she was under no pending charges, no outstanding warrants or indictments and that she was searched without probable cause. Plaintiff sues to recover damages for great bodily injury, pain, internal hemorrhaging, hospital expenses and miscarriage resulting in severe mental distress.

At her trial, plaintiff's attorney asked dismissal of the charges in exchange for plaintiff's release of all defendants from all civil liability, arising out of the arrest, which was agreed to by the Assistant State's Attorney. Plaintiff signed the release and by her same attorney filed this action claiming that the release was void.

Plaintiff joins as defendants the two arresting officers Adams and Hofman, the Chief of Police, James B. Conlisk, the City of Chicago, a municipal corporation, Edward V. Hanrahan, the State's Attorney and his Assistant State's Attorney, Paul Kayman, all in their individual and official capacities.

The complaint sets forth five counts and prays for the following relief:

  Count I. prays $5,000 compensatory and $10,000
  punitive damages jointly and severally against
  Adams and Hofman for injury resulting from the
  alleged unlawful search;
  Count II. prays $1,000 compensatory and $5,000
  punitive damages jointly and severally against
  Adams and Hofman for injuries resulting from the
  alleged unlawful arrest and confinement;
  Count III. prays $1,000 compensatory and $5,000
  punitive damages jointly and severally against
  Adams and Hofman for conspiring to injure
  plaintiff;
  Count IV. prays $2,000 compensatory and $5,000
  punitive damages jointly and severally against
  the City of Chicago and Conlisk under agency
  principles for the negligent training,
  supervision, knowledge and ratification of the
  actions of Adams and Hofman resulting in the
  injuries to plaintiff;
  Count V. prays $2,000 compensatory and $5,000
  punitive damages jointly and severally against
  Hanrahan and Kayman for severe mental anguish and
  asks this Court to declare the release of civil
  liability void and unenforceable and to
  permanently enjoin the practice of coercing
  releases for dismissal of criminal charges as
  well as any future prosecution of the charges and
  harassment against plaintiff.

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