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Brucar v. Rubin

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eBook details

  • Title: Brucar v. Rubin
  • Author : Seventh Circuit United States Court of Appeals
  • Release Date : January 10, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Plaintiffs Albert and Ruth Brucar seek damages against defendants Harry Weisberg, Ira Rubin and Marvin Juron under 42 U.S.C. § 1983 for violation of their civil rights.1 Mr. Weisberg is Mrs. Brucar's brother; Mr. Rubin and Mr. Juron are his attorneys. The district court dismissed the complaint for failure to state a claim for which relief could be granted, holding that the defendants are not state actors and that the complaint failed to allege a conspiracy between the defendants and any state official with sufficient specificity to meet the requirements of Sparkman v. McFarlin, 601 F.2d 261 (7th Cir. 1979). The Brucars then filed an amended complaint, which the district court again dismissed on the same ground. The Brucars appeal from both dismissals. Counts I and IV of the Brucars' amended complaint, which are based on § 1983, include some 99 numbered paragraphs detailing the alleged conspiracy between the defendants and a state court judge. Because we are asked to rule on the sufficiency of the complaint, we will recap, as briefly as possible, the substance of the Brucars' allegations.


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