DAVIS v. UNION NAT. BANK

No. 94-1813.

46 F.3d 24 (1994)

Jerald DAVIS, Plaintiff-Appellant, v. UNION NATIONAL BANK and William Owens, Individually, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1994.


Attorney(s) appearing for the Case

John H. Bisbee (argued), Macomb, IL, for plaintiff-appellant.

Lawrence J. Kwacala, Patrick Murphy, Flack, McRaven & Stephens, Macomb, IL, Karen L. Kendall, Bradford B. Ingram, David A. Perkins (argued), Craig L. Unrath, Heyl, Royster, Voelker & Allen, Peoria, IL, and Terence J. Corrigan, Asst. Atty. Gen., Office of the Atty. Gen., Crim. Appeals Div., Springfield, IL, for defendants-appellees.

Before POSNER, Chief Judge, and ENGEL and EASTERBROOK, Circuit Judges.


ENGEL, Circuit Judge.

The sole issue in this appeal is whether plaintiffs must plead a conspiracy between private and state actors to state a cause of action for malicious prosecution against private parties under 42 U.S.C. § 1983. This Circuit has in the past uniformly required such a pleading, and because we find this requirement supported by reason as well as precedent, we affirm the dismissal of plaintiff's case for failure to plead a conspiracy.

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