# Sparkman v. McFarlin

> Court of Appeals for the Seventh Circuit · May 2, 1979 · 601 F.2d 261

URL: https://www.frixlaw.com/law-library/cases/8910035

## Case

- **Full name:** Linda Kay SPARKMAN and Leo Sparkman v. Ora E. McFARLIN, Warren G. Sunday, Harold D. Stump, Individually and as Judge of the Circuit Court of DeKalb County, Indiana, John H. Hines, M.D., John C. Harvey, M.D., Harry M. Covell, M.D., and DeKalb Memorial Hospital, Inc., a corporation
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** May 2, 1979
- **Citations:** 601 F.2d 261
- **Precedential status:** Published
- **Opinion:** Concurrence by Pell
- **Judges:** Cummings, Fairchild, Pell, Sprecher, Swygert, Tone, Wood
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8910035

## Opinion text

PELL, Circuit Judge,
concurring.
I concur in the affirmance in this case because of the lack of requisite particularity in the allegations of conspiracy.
On the pleadings in this case the district court judgment is properly affirmed without any necessity of reaching the issue as to whether under other circumstances there may be a situation where private persons may be held liable under 42 U.S.C. § 1983 even though the only state action was through a person entitled to immunity. Whether or not there should be a per se rule of no liability as to the private persons in such a situation should be deferred for decision until the issue is before us. It is not now.
BAUER, Circuit Judge, joins in Circuit Judge PELL’s concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8910035. Public record. Not legal advice.