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Fred Hampton — Part 3
Page 48
48 / 251
44 Nos. 77-1698, 77-1210 & 77-1870
1983. We agree. In Schnell v. City of Chicago, 407 F.2d
1084 (7th Cir. 1969), we held that supervisory personnel
are proper party-defendants to a section 1983 action
whether the plaintiffs’ constitutional rights are -
violated as a result of police behavior which is the
product of the active encouragement and direction
of their superiors or as a result of the superiors’
mere acquiescence in such behavior.
Id. at 1086. See also Sims v: Adams, 537 F.2d 829, 831
(5th Cir. 1976). Plaintiffs have established a prima facie
case against Hanrahan and Jalovec on the basis of their
roles as supervisors of the police officers who participated
in the raid. They approved Groth’s selection of men and
weapons carried on the raid. Additionally, they ap-
proved of the early morning timing of the execution of
the search warrant. It was for the jury to determine
whether the consequences of these actions were
foreseeable. We believe that the trial court improperly
directed verdicts in favor of these defendants on the non-
conspiracy counts.
D. Federal Defendants
Finally, we fail to see the distinction which plaintiffs
make between “joint activity” under section 1983 and
conspiracy under sections 1985(8) and 1983 regarding
the federal defendants’ liability for damages resulting
from the raid. The same legal standards apply to each
form of liability. As stated by Prosser,
joint tortfeasor liability arises when persons “who,
in pursuance of a common plan or design to commit
a tortious act, actively take part in it, or further it
by cooperation or request, or who lend aid or en-
couragement to the wrongdoer, or ratify and adopt
his acts done for their benefit are equally liable
with him.” Prosser, Torts (4th ed. 1971) p. 292.
The evidence which plaintiffs presented to support their
nonconspiracy theory against these defendants is iden-
tical to that which was aimed at establishing their con-
spiracy claims. Accordingly, although we fail to see the
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