agree and conspire to deprive the plaintiff . . . of his Civil
Rights" and "did commit, cause to be committed and/or aided and
abetted each other . . . in the omission of all or some of the
following acts. . . ." Defendants conclude that plaintiff
pleads only conclusory allegations of conspiracy and therefore
the conspiracy claim should be dismissed.
Under § 1983, mere allegations that the parties acted in
concert, without any of the necessary factual averments, is
insufficient to defeat a motion to dismiss. Koch v. Schneider,
supra, 550 F. Supp. at 850; see also Tarkowski v. Bartlett
Realty Co., et al., 644 F.2d 1204, 1206 (7th Cir. 1980). In
the present case, plaintiff sets forth conclusory allegations,
which state only that the parties "agree and conspire" to
violate plaintiff's civil rights and refer to no specific
facts. Therefore, the Court finds that paragraph 6 of Count I
and paragraph 6 of Count II are dismissed for failure to state
a claim of conspiracy under § 1983.
5. Claim of Policy Against the City of Chicago
Defendants argue that plaintiff fails to sufficiently allege a
custom or policy on the part of defendant City of Chicago.
Paragraph 10 of Count I alleges that the City had a policy
which instructed police officers to charge those "whom they
treat as aforesaid, with the offense of disorderly conduct."
Paragraph 11 of Count I alleges that the City "had a custom and
policy and knew or was obligated to know and intentionally
chose to remain oblivious of the fact" that the defendant
officers had previously exhibited "a pattern of unwarranted
arrests and unnecessary violence and brutality towards members
of the public . . ." yet failed to remove, discipline or
correct said conduct. Since plaintiff's allegations of custom
and policy are plainly conclusory, defendants conclude that
plaintiff has failed to state a § 1983 claim against the City.
In Giarrusso v. City of Chicago, 539 F. Supp. 690 (N.D.Ill.
1982), this Court resolved the question of when a complaint
sufficiently alleges a § 1983 claim against a municipality
under Monell v. Department of Social Services of the City of
New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
In Giarrusso, this Court stated that, under § 1983, ". . . a
complaint must be dismissed if, when subject to careful
examination, the complaint appears to have merely attached a
conclusory allegation of `policy' to what is in essence a claim
based on a single unconstitutional act." Supra, 539 F. Supp.
at 693. It is thus necessary to allege more than a single act
of unconstitutional conduct. Knudsen v. D.C.B., Inc.,
592 F. Supp. 1232, 1234 (N.D.Ill. 1984).
The Court finds the case of Clark v. City of Chicago, 84 C
8765, slip op. (N.D.Ill. Dec. 14, 1984), to be dispositive of
the Monell issue in this case. In Clark, the plaintiff
alleged a policy by the City of Chicago of failure to
adequately supervise its police officers and a de facto
policy implemented by police officers to "summarily punish
persons who refuse to obey police orders, whether lawful or
not, by means of unlawful arrest, detention, excessive use of
force, and the denial of necessary medical attention." The
Court in Clark held that the plaintiff's allegations of
custom and policy against the City were plainly conclusory.
In the present case, plaintiff's allegations differ from those
in Clark only insofar as they allege that the City encourages
police officers to charge with disorderly conduct persons who
the officers beat and unlawfully arrest. While this allegation
attempts to link the charges of disorderly conduct and
plaintiff's alleged beating and unlawful arrest together as a
City policy of violating civil rights, the Court finds that the
incidents which plaintiff complains of are merely isolated
incidents and do not manifest a custom or policy of the City.
Clark v. City of Chicago, supra, slip op. at 2. Accordingly,
the conclusory allegations contained in paragraphs 10 and 11 of
Count I of plaintiff's complaint are dismissed for
failure to state a § 1983 claim against the City under
In light of its above findings, the Court grants defendants'
motion to dismiss the City of Chicago on all Counts. As to the
defendant police officers, the Court grants in part and denies
in part the defendants' motion to dismiss consistent with its
IT IS SO ORDERED.
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