In Re Sarelas

277 N.E.2d 313, 50 Ill. 2d 87, 1971 Ill. LEXIS 253
CourtIllinois Supreme Court
DecidedNovember 30, 1971
Docket43138
StatusPublished
Cited by4 cases

This text of 277 N.E.2d 313 (In Re Sarelas) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Sarelas, 277 N.E.2d 313, 50 Ill. 2d 87, 1971 Ill. LEXIS 253 (Ill. 1971).

Opinion

PER CURIAM:

This is a disciplinary proceeding in which the respondent, Peter S. Sarcias, is charged with having brought the legal profession and the judiciary into disrepute by initiating and maintaining numerous groundless and defamatory lawsuits against judges, lawyers, and private citizens. The Committee on Grievances of the Chicago Bar Association, as Commissioners of the Supreme Court under Rule 751 (Ill.Rev.Stat. 1969, ch. 110A, par. 751), has recommended that the respondent be disbarred.

The evidence of such lawsuits consisted largely of the various complaints filed by the respondent, and the adjudicative dispositions of them. A recitation in haec verba of portions of the allegations of certain of the complaints filed by the respondent, even though it unduly lengthens this opinion, furnishes an exegesis of the basis of the charges. The following language is illustrative of the allegations and the nature of the suits.

In 1958, the respondent sought $100,000 in damages against 19 defendants, eight of whom were lawyers, charging conspiracy, defamation, assault and battery. The trial court dismissed the complaint insofar as the allegations of conspiracy and defamation were concerned, and ultimately entered summary judgment for the defendants on the charge of assault and battery. The respondent’s appeal was dismissed in this court. In his subsequent appeal from the assessment of costs against him, the Appellate Court, First Judicial District, felt compelled to state: “In some of these documents the plaintiff attempts to readjudicate the issues found adversely to him in the original action; in some he injects excerpts from extraneous litigation participated in by him as a party or by the defendants as attorneys, and all of them are interlaced with abuse of the lawyer-defendants who are repetitiously charged with deception, fraud and perjury. There is no excuse for such documents and there is no reason for this court to wade through a mire of irrelevant matters and scurrilous attacks in order to extricate the substance of the plaintiff’s contentions. If further motions of the same type are filed in this case they will be stricken.” Sarelas v. Gekas, 42 Ill.App.2d 136, 138.

In 1960, the respondent sought $300,000 in damages against two lawyers and a layman, claiming he was libeled by answers to written interrogatories in another lawsuit. The charges in the complaint, similar to those made in subsequent lawsuits, recited that the defendants: “*** willfully, wantonly, maliciously, evilly, fraudulently, and corruptly combined, conspired, confederated and agreed with each other to defame, libel, insult, intimidate and injure plaintiff by making or causing to be made false, base, scurrilous and dastardly attacks upon the character of the plaintiff in the written answers to certain interrogatories propounded to the co-defendant herein, Basil Christoforacos *** which said answers were known by defendants and each of them to be totally false, malicious, fraudulent and corrupt fabrications when made, calculated to defame, libel, insult, intimidate and injure the plaintiff *** and were known by the defendants to be irrelevant and impertinent to the issues in said claim.” This case was dismissed in the trial court and the dismissal affirmed. Sarelas v. Makin, 32 Ill.App.2d 339.

In 1961, he sued 21 persons, seven of whom were lawyers, for allegedly having libeled him in exhibits filed in another lawsuit. The complaint charged: “That the said defendants and each of them, contriving and wrongfully, illegally, wickedly and maliciously intending to injure, harm, oppress, torment, ruin and destroy the plaintiff and to obstruct, pervert, hinder, impede and offend the process of the Court and the conduct of said cause 58 C 17505, then and now pending, and the due administration of justice, did unlawfully, wickedly and maliciously combine, conspire, confederate and agree together to falsely fabricate evidence under the guise and pretext of ‘corrections’ of the minutes of the October 31, 1958 meeting of the Hellenic Professional Society of Illinois *** All of which was knowingly and intentionally calculated to defame, libel, intimidate, torment, oppress, injure and induce an evil opinion of the plaintiff in the minds of right-thinking persons, knowing that said statements were false, fraudulent, corrupt and malicious fabrications when made, composed, written, circulated and published.” This case was likewise dismissed and the dismissal affirmed. Sarelas v. Alexander, 37 Ill.App.2d 436.

Also, in 1961, the respondent filed suit against the Greek Counsul General in Chicago seeking $100,000 in damages for the defendant having purportedly: “*** intentionally, wantonly, maliciously, fraudulently and corruptly for the purpose of impeding, hindering, obstructing or defeating the due course of public justice and with intent to injure, oppress and intimidate the plaintiff from enforcing his right to (his) legal remedies ***.” This too was dismissed, and the dismissal affirmed. Sarelas v. Rocanas (7th cir. 1962), 311 F.2d 36.

In 1962, he sought $200,000 in damages from a master in chancery for allegedly having intentionally, fraudulently, corruptly and maliciously violated his civil rights in falsely certifying to his testimony taken before the master. He further asserted that the master knew that the testimony had been altered and falsified. Summary judgment was granted for the defendant and affirmed on appeal. Sarelas v. Sheehan (7th cir. 1963), 326 F.2d 490.

In 1962, the respondent also sued 14 persons, 13 of whom were lawyers, seeking $200,000 in damages and charging them with improper conduct and abuse of process in presenting to a court his depositions taken by virtue of another court order. The complaint alleged, inter alia: “That the defendant in the acts above stated acted wantonly, intentionally, maliciously, fraudulently, falsely, and corruptly by virtue whereof the plaintiff is entitled to exemplary or punitive damages.” This case was likewise dismissed and the dismissal affirmed. Sarelas v. Porikos (7th cir. 1963), 320 F.2d 827.

In 1963, he sued a judge of the superior court of Cook County in the United States District Court for $200,000 in damages. He alleged, among other things: “That the defendant, John J.

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Related

In Re Jafree
444 N.E.2d 143 (Illinois Supreme Court, 1982)
In Re Martin-Trigona
302 N.E.2d 68 (Illinois Supreme Court, 1973)
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303 N.E.2d 13 (Illinois Supreme Court, 1973)
In Re Sarelas
360 F. Supp. 794 (N.D. Illinois, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
277 N.E.2d 313, 50 Ill. 2d 87, 1971 Ill. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sarelas-ill-1971.