tain counts 3 and 4. See 28 U.S.C. § 1332.
With regard to counts 1 and 2, it is beyond dispute that no cause of action for damages lies against the City of Chicago, a municipal corporation, under the civil rights statute, 42 U.S.C. §§ 1983 and 1986.1 Monroe v. Pape, 365 U.S. 167, 191, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); United States ex rel. Lee v. State of Illinois, 343 F.2d 120 (7th Cir. 1965); Fisher v. City of New York, 312 F.2d 890 (2d Cir. 1963); Vechiola v. City of Chicago, 244 F.Supp. 45 (N.D. Ill.1965); Spiesel v. City of New York, 239 F.Supp. 106 (S.D.N.Y.1964). The legislative history of these provisions was extensively reviewed in Monroe v. Pape, supra, the Court concluding that “[t]he response of the Congress to the proposal to make municipalities liable * was so antagonistic that we cannot believe that the word ‘person’ was used in this particular Act to include them.” (p. 191 of 365 U.S., p. 486 of 81 S.Ct.)
As to the individual named defendants, the complaint alleges that they were charged with the control and supervision of the John Doe officers and knew, or should have known, of the “wrongs” committed by them. Further, it charges that these named defendants, with intentional or negligent disregard of plaintiff’s constitutional rights, committed one or more of a number of acts or omissions. These include failure to adequately supervise and restrain these policemen, permitting their use of lethal weapons and excessive force, and failure to give adequate warning to plaintiff Sanberg.
The doctrine of respondeat swperior has no place under the civil rights statutes, for “[p]ersonal involvement is contemplated.” Salazar v. Dowd, 256 F.Supp. 220, 223 (D.Colo.1966). Premised on personal culpability, these statutes are aimed at those who subject others to a deprivation of their constitutional rights, rather than at the state or city which employs them or the official with ultimate authority over them in the governmental hierarchy.
Of course, supervisory personnel may be liable in damages if they personally participate in or direct the infliction of injury. Plaintiff does not charge, however, that the named defendants struck the blows, nor does he allege that they ordered the attack on plaintiff.2 And the courts have uniformly held that police supervisory personnel are not liable for damages to one injured by police misconduct absent direct personal participation.3 Jordan v. Kelly, 223 F.Supp. 731 (W.D.Mo. 1963); Pritchard v. Downie, 216 F.Supp. 621, 627 (E.D.Ark.1963); Runnels v. Parker, 263 F.Supp. 271 (C.D.Calif.1967); Patrum v. Martin, 292 F.Supp. 370 (W.D.Ky.1968); Mack v. Lewis, 298 F.Supp. 1351 (S.D.Ga.1969). The established rule was stated in
1
Plaintiff is not necessarily left without a state remedy against the City, for sovereign immunity has been abolished in Illinois. See Andrews v. City of Chicago, 37 Ill.2d 309, 311, 226 N.E.2d 597 (1967).
2
There is only a general allegation that one defendant, Commander Braasch, was “present” in Grant Park where the incident allegedly occurred.
3
Schnell v. City of Chicago, 407 F.2d 1084 (7th Cir. 1969), is not in point, for there the court dealt with injunctive relief only. Courts construing the civil rights statutes, aware of the differences in purpose and effect between preventive and compensatory relief, have generally given equitable complaints a broader scope of applicability than that given complaints for damages. See, e. g., United States v. Clark, 249 F.Supp. 720, 727-728 (S.D.Ala.1965); Rousselle v. Perez, 293 F.Supp. 298, 299 (E.D.La.1968). For example, even a municipality may be liable in equity although it is, of course, immune when damages are sought. Compare Adams v. City of Park Ridge, 293 F.2d 585 (7th Cir. 1961), with Monroe v. Pape, supra.