The purpose of Section 1979 is to create a right of action, enforceable in
federal courts, against those who, "under color of" state law, deprive any
person of any rights, privileges and immunities guaranteed by the Constitution
and laws. Monroe v. Pape, supra.2
We are convinced that the legal principles involved in this case are not
distinguishable from Monroe v. Pape, supra, and Stringer v. Dilger, supra, and
that it was error to direct a verdict for the police officer defendants. See
Hardwick v. Hurley, 7 Cir., 289 F.2d 529. A jury question was presented as to
whether the conduct of the police officers on the different occasions was so
arbitrary, unreasonable and without probable cause as to subject the plaintiff
to a deprivation of rights guaranteed by the Constitution of the United States.