Opinion · Court of Appeals for the Seventh Circuit

John Grabinger and Robert Tovar v. James B. Conlisk, Jr.

John Grabinger & Robert Tovar v. James B. Conlisk, Jr., 455 F.2d 490 (7th Cir. 1972)

Type
Opinion
Court
Court of Appeals for the Seventh Circuit
Jurisdiction
Federal
Date
1972-01-21
Topic
general

PER CURIAM. The issue raised by this appeal is whether the district court properly dismissed for failure to state a claim upon which relief could be granted a complaint brought pursuant to 42 U.S.C. §§ 1983, 1985 and 1986. The complaint challenged the propriety of the suspension from duty for fifteen days of the plaintiff police officers by the defendants because of plaintiffs’ disobedience *491 of their superiors’ order to submit to questioning monitored by polygraph without the presence of counsel concerning their alleged misconduct in the performance of their official duties. We fully agree with the opinion of the district court, reported as Grabinger v. Conlisk, 320 F.Supp. 1213 (N.D.Ill. 1970), and we adopt and incorporate that opinion in its entirety.

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Cited by
10 opinions
GRABINGER v. CONLISK,455 F.2d 490(7th Cir. 1972)
JOHN GRABINGER AND ROBERT TOVAR, PLAINTIFFS-APPELLANTS, v. JAMES B. CONLISK,
JR., ET AL., DEFENDANTS-APPELLEES.
No. 71-1203.
United States Court of Appeals, Seventh Circuit.
January 21, 1972.
Jeffrey A. Schulman, James G. Demopoulos, Chicago, Ill., for plaintiffs-appellants.

Richard L. Curry, Corp. Counsel, Daniel Pascale, Asst. Corp. Counsel, Chicago, Ill., for defendants-appellees; William R. Quinlan, Asst. Corp. Counsel, Thomas R. Mulroy, Jr., Senior Law Student, of counsel.
Appeal from the United States District Court for the Northern District of Illinois.
Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and GORDON, District Judge.fn*
PER CURIAM.
[1] The issue raised by this appeal is whether the district court properly dismissed for failure to state a claim upon which relief could be granted a complaint brought pursuant to42 U.S.C. § 1983,1985and1986. The complaint challenged the propriety of the suspension from duty for fifteen days of the plaintiff police officers by the defendants because of plaintiffs' disobediencePage 491of their superiors' order to submit to questioning monitored by polygraph without the presence of counsel concerning their alleged misconduct in the performance of their official duties.

[2] We fully agree with the opinion of the district court, reported as Grabinger v. Conlisk,320 F. Supp. 1213(N.D.Ill. 1970), and we adopt and incorporate that opinion in its entirety.

[3] The judgment of the district court is affirmed.Page 1256
  1. The Honorable Myron L. Gordon, United States District Judge for the Eastern District of Wisconsin, is sitting by designation. ↩