THEIS v. SMITH

No. 86 C 6994.

676 F.Supp. 874 (1988)

Richard J. THEIS and Terre Theis, Plaintiffs, v. Warren SMITH, Betty Smith, Kenneth Ray Peterson, Nicholas J. Schiralli, City of Oak Forest, G. Tyssen, and Steven Stiglich, Defendants.

United States District Court, N.D. Illinois, E.D.

January 14, 1988.


Attorney(s) appearing for the Case

Carl M. Walsh, Martin S. Gerber, Lonny Ben Ogus, Chicago, Ill., for plaintiffs.

Steven E. Glink, Lisa A. Lett, Ancel, Glink, Diamond, Murphy & Cope, P.C., Chicago, Ill., Robert K. Higginson, Lansing, Ill., Hamilton L. Carmouche, Merrillville, Ind., for defendants.


MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This suit pursuant to 42 U.S.C. § 1983 is before the court on the motions to dismiss of Warren and Betty Smith, the City of Oak Forest, and police officer G. Tyssen. Those motions are granted for the reasons stated below.

FACTS

The following facts are alleged in plaintiffs' complaint. For the purposes of this motion they are presumed to be true.

The Smiths filed a lawsuit...

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