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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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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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