The plaintiffs, Ryan and Wainwright, brought suit under 42 U.S.C. § 1983 against Doria, who is the sheriff of DuPage County, and against three of his deputy sheriffs—Guenther, Vail, and Weiser—
The district court dismissed the Fourth Amendment claim against Doria on the ground that the complaint did not allege how he had caused or participated in either search. But the complaint alleges that Doria had personally directed the search and that is enough to affix liability to a supervisor.
Gentry v. Duckworth,
The tricky issue presented by the appeal is whether the district court was right to hold that the complaint did not adequately allege Weiser’s involvement in the October 23 search. Remember that Weiser was not one of the deputies who conducted that search. All the complaint says about him in relation to it is that he “conspired” with the other defendants. The question is whether this allegation, either by itself or in combination with the fact that Weiser is alleged to have conducted the search that took place two days later, is enough to satisfy the liberal pleading standards of the Federal Rules of Civil Procedure, standards that we now know federal judges are not authorized to tighten up for civil rights cases.
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit,
The fact that Weiser conducted the search two days later gives no reason to believe him involved in the previous search; so far as is alleged or appears, he just happened to be the deputy who was assigned to execute the later search and had had nothing to do with the previous one, and he unlike the deputies in the previous search had a court order (an emergency order of protection that the
That reassurance is missing here. A conspiracy is an agreement and there is no indication of when an agreement between Weiser and the other defendants was formed, what its terms were except that they somehow included a search of the premises occupied by the plaintiffs, or what Weiser’s role was in the October 23 incident since he didn’t participate in the search that day. The form and scope of the conspiracy are thus almost entirely unknown. This is a case of a bare allegation of conspiracy, and such an allegation does not satisfy Rule 8, either under our cases,
Fries v. Helsper,
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
