McBRIDE v. SOOS

No. 77-1438.

594 F.2d 610 (1979)

Arthur J. McBRIDE, Plaintiff-Appellant, v. Gary SOOS and Lamar Haney, Individually and as Elkhart County Policemen, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1979.


Attorney(s) appearing for the Case

Stanley M. Cardenas, c/o Charles F. Crutchfield, Notre Dame, Ind., for plaintiff-appellant.

George E. Buckingham, Goshen, Ind., for defendants-appellees.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and HARPER, Senior District Judge.


FAIRCHILD, Chief Judge.

This is an appeal from a judgment of the district court dismissing an action under 42 U.S.C. § 1983 brought by plaintiff-appellant Arthur J. McBride for failure to state a claim for which relief can be granted. For the reasons hereinafter stated, we reverse.

BACKGROUND

The facts of this case are straightforward and undisputed. On December 6, 1974, plaintiff was arrested and jailed in Missouri. On December 10, 1974...

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