BOWERS v. DeVITO

Nos. 80-1865, 80-2078.

686 F.2d 616 (1982)

Thomas L. BOWERS, Administrator of the Estate of Marguerite Anne Bowers, Deceased, Plaintiff, v. Robert A. DeVITO, M.D., et al., Defendants.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1982.

As Amended September 2, 1982.


Attorney(s) appearing for the Case

Lester E. Munson, Smith & Munson, James G. Meyer, Chicago, Ill., for plaintiff.

Christine A. Bremer, Sp. Asst. Atty. Gen., Illinois Dept. of Mental Health, D. Kendall Griffith, Chicago, Ill., for defendants.

Before PELL, WOOD and POSNER, Circuit Judges.


POSNER, Circuit Judge.

We consider once again the extent to which the federal tort remedy in 42 U.S.C. § 1983 overlaps state tort remedies; for our most recent discussion of this question see Johnson v. Miller, 680 F.2d 39 (7th Cir. 1982).

The plaintiff in this case is the administrator of the estate of Marguerite Anne Bowers, who was murdered by Thomas Vanda in 1977. There are two groups of defendants, one consisting...

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