304. Suits for False Arrest, Police Practices, Police Review Bd. (and 151, 305, 353, 429, 454, 580, 590)
Complaint for false arrest. CIVIL RIGHTS HANDBOOK pp 252-59. Chart of successful false arrest suits under 42 USC §1983. CIVIL RIGHTS HANDBOOK pp 267.
Practice and forms: Ann Fagan Ginger and Louis H Bell, Police misconduct litigation—Plaintiff's remedies. 15 Am Jur Trials. 150 pp (1968). Bancroft-Whitney—Lawyers Coop. (For reprints, write authors, Box 673, Berkeley 94701.)
Articles: Wayne R Lafave, Penal Code revision: considering problems and practices of police. 45 Texas 434-454.
Benny L Kass, Office and concept of ombudsman. Cong Rec—Sen. Apr 5, 1967, S 4630.
Herman Goldstein, Police policy formulation: Proposal for improving police performance. 65 Michigan 1123-46.
Study: Joseph D Lohman, Gordon E Misner, Police and community. Dept of Criminology, UC Berkeley 1966.
See US v Demko (USSC) (350 F2d 698, rev'd 385 US 149) on right of fed'l prisoners to recover for injuries received in performance of assigned prison task.
Gerald N Ziskind, Esq. Grant Bldg, Pittsburgh, Pa.
And see Callender, 51.NY.14; Dokes, 56.24; Heine v Raus, 61.38.
||Dew v Lee
(Tuscaloosa) (DC Ala) Je 20, 1966: Pl-Negro civil rights worker went to home of Def-white sheriff to discuss bond for arrested man. Def told Pl to get off his property, beat her. Pl sued for &300,000 damages under Civil Rights Act. All-white jury found Def not liable.
Leslie W Finch, Esq, 25 Van Houten Pl, Belleville, NJ.
||Hadnott v Grant
(Autauga) (DC Ala) Pls, Negro minors, attempted to eat at restaurant, under 1964 Civil Rights Act. Officers under Defs, Sheriff and Chief of Police, threatened, assaulted, arrested Pls. Pls sued for &1,000,000 damages for false arrest. Pending.
Donald A Jelinek, Esq, LCDC, 31½ Franklin St, Selma 36701.
||Houser v Hill
(MD Ala #2564-N) Je 11, 1967: Def-police arrested Stokely Carmichael at meeting. That night, Police-Klan-Negro gun battle; Pl-Negroes arrested, beaten. Je 12: Pls released. Je 14: Pls brought class action under 42 USC §1983 to enjoin Defs from denying Pls' right of assembly, failing to provide police protection, inflicting "summary punishment"; also seeking &100,000 damages for beating. Jy 17: Defs answered and counterclaimed, joining SNCC, Rap Brown, Autauga Co Voters Assn, others to dismiss complaint, to enjoin organizing to advocate violence, employing weapons, parading in night or without notifying police. Pending.
Solomon S Seay, Jr, Esq, 34 N Perry St, Montgomery.
And see Prattsville, Ala v Carmichael, 54.17.
||Arizona v Guinn
(Maricopa Co Super Ct, ##41892-3) Def-prisoner serving felony sentence. 1965: Def had &88; Supt of State Prison took money because prison rules prohibit prisoner's possessing money, deposited in prison recreation fund. Def filed petition for order to show cause why Supt not in contempt for taking Def's money without authorization. Pending.
Sydney Block, Esq, Ford Law Bldg, Phoenix, for ACLU.
||Brassfield v Pearson
(ED Ark) Suit under 28 USC §§1331, 1343, 1983, for injunction, damages, declaratory relief against Chief of Police (Gould, Ark), alleging under color of law he beat and injured 8 Pls on different occasions without cause or provocation. Pending.
John Walker, Esq, 1304 B Wright Ave, Little Rock 72206; NAACP Inc Fund.
||Townsend v Ross
(Helena) (ED Ark, #H66-C-6) Police allegedly beat Negro. Pl-Negro filed suit for damages, attacking discrimination in selection of jury. Aug 24, 1967: DC denied motion for judgment. Appeal taken.
George Howard, Jr, Esq, 329½ Main, Pine Bluff, Arkansas; Norman C Amaker, NAACP Inc Fund.
||Lucero v Donovan
(SD Calif, #776-61-EC) (300 F2d 441, CA 9, 1962; 354 F2d 16, 1965; 258 FSupp 979, 1966)- 75 -
Oct 4, 1960: Def-police officers entered Pl's home, without warrant, searched furniture for narcotics. Pl objected; Def asked "Why don't you go back to Mexico?" Pl said she was US citizen. Defs handcuffed Pl, bruising and twisting her wrist; took Pl to jail where women police attempted to search her body cavities, completing search with assistance from Def-policemen. Pl released next day, after seized pills proved to be vitamins; no charges filed against Pl. Jy 1961: Pl filed &40,000 damage action, alleging illegal search and police brutality. DC dismissed suit; 1962: CA 9 reversed and remanded for trial. After trial, directed verdict for Defs. Issues on appeal: (1) Is evidence of past arrest record of Civil Rights Act Pl admissible on question of damages? (2) Is legality of search or seizure in Civil Rights Act case a question for Court or for jury? (3) Can police officers claim defense that their acts were permitted by or acquiesced in by municipality or other authority? Nov 23, 1965: CA 9 reversed directed verdict against Pl: held Pl would be entitled to recover against Def-police on one or more grounds alleged; questions should have gone to jury. Aug 22, 1966: DC held entry illegal; awarded Pl &5,000 damages; Los Angeles City to pay award since it elected to defend Defs.
A L Wirin, Esq, 323 W Fifth St; Hillel Chodos, Esq, 9107 Wilshire Blvd, Beverly Hills, for ACLU.
||White v Bonnanno
(ND Calif, #42556 Civ) Pls—Negro family—sitting quietly at home; 13 police rushed in without warrant, purportedly after Pl's 14-yr old nephew came to tell aunt one policeman was taking him to juvenile hall for failure to "move on" when ordered. Police arrested one Pl for resisting arrest and battery; both charges dismissed. July 10, 1964: Action filed against 13 policemen and city for brutality, false arrest, imprisonment and personal injuries under the Civil Rights statutes. Oct, 1964: DC granted Def-city's motion to dismiss under Monroe v Pape, 304.6, 365 US 167. DC denied Pl's motion to appeal in forma pauperis from dismissal of City as Def; Pl did not appeal. Trial pending against Def-policeman.
Fay Stender, Esq, 341 Market St, San Francisco 94105.
||Garrett v Los Angeles
(Los Angeles Super Ct, #853,380) Mar 12, 1964: At 1 am police broke into home of Pl, Negro atty, woke Pl with guns drawn, searched apt and effects, ripped carpets, clothing, fixtures, damaged contents; refused to let Pl get warm clothing, forced to sit before broken window. When Pl asked about warrant, shoved with gun; told "Shut up, Nigger." Jailed, mugged, fingerprinted; later released, told no charges. Jan 29, 1965: damage suit filed; awaiting trial.
Taylor Morton, Esq, 654 Lincoln Ave; William A Bjornsen, Esq, 16 N Morengo, both of Pasadena; Ball, Lloyd & Hart, Esqs, 120 Lincoln Ave, Long Beach; A L Wirin, Esq, Fred Okrand, Esq, 257 S Spring St, Los Angeles 90012, for ACLU.
||Wright, Stringer v City of Los Angeles
(LA Super Ct) Sept 29, 1963: Pls arrested, jailed; no complaint filed, never taken before magistrate. Oct 1: released. Dec 30: Complaint for damages filed with city council; rejected. Aug 11, 1965: Pls filed suit for false arrest: &4000 each. Pending.
A L Wirin, Fred Okrand, Esqs, for ACLU for S Calif, 257 S Spring St, Los Angeles; Thomas Neusom for NAACP.
||Hinton v Smith, Doherty, Portue, Doane, City of San Francisco
(ND Calif, #43801) Dec 14, 1964: Negro postal clerk allegedly dragged into police car, beaten, taken to hospital, again assaulted; arrested: interfering with police investigation, resisting arrest. Je 16, 1965: Muni Ct jury acquitted. Je 30: Pet sued Def police, City for &75,000 damages. Dec 1967: Jury trial (incl one Negro juror); verdict for Defs.
Francis McTernan, Esq, 341 Market St, San Francisco.
||Morgan v Yuba Co
(Yuba Co Super Ct, #15394) (230 CA2d 938, 41 Cal Rptr 508 (1964)) Decedent complained about person; person arrested, convicted, threatened to kill Dec'd on release from prison. Def's sheriff allegedly promised to warn Dec'd on release. Person released; Dec'd not warned; prisoner killed Dec'd. Dec'd's relative sued Co for wrongful death. Nov 30, 1964: Dist Ct of App held failure to warn actionable. Apr 14, 1967: pre-trial; trial pending.
Goldstein, Barceloux & Goldstein, Esqs, 341 Broadway, Chico 95926.
||Phillips v O'Connell
(San Francisco Super Ct, #518420) Pl Negro, former warehouseman, went to police station to arrange bail for friend, didn't answer some questions as police wished; beaten, arrested. Jan 29, 1962: Pl filed suit for damages for assault and battery by police, false imprisonment. Oct 1, 1965: in jury trial, Def policeman testified differently than on pretrial deposition; verdict for Pl, &1000 judgment. City and Co filed lien for &1824 hospital care and services to Pl after beating.
James Herndon, Esq, 341 Market St, San Francisco.
||Treuhaft v Madigan, Coakley, Meese
(Berkeley) (Alameda Co Super Ct) Dec 3, 1964: Defs arrested Pl, attorney, in Free Speech Movement sit-in at Univ of California when he went into administration building to advise his clients. Facts: Savio, 24.37. Pl moved for separate trial, granted. Pl moved for indefinite continuance because potential jurors have ben prejudiced by wide-spread hostile publicity. Oct 8, 1965: Motion granted. Oct 15: Pl sues for &200,000 damages for false arrest. Criminal charges and false arrest suit dismissed.
Benjamin Dreyfus, Esq, 341 Market St, San Francisco.
||Whitten and Hanna v US Secret Service Agents First-Fifth Does
(Santa Clara Co Super Co, #174247) Dec 4, 1965: Pl-student editor, accompanied by Pl-student, sought to use pass to attend press conference and lunch for Vice Pres Humphrey; conference cancelled, Defs forbade Pls attending lunch, First Doe allegedly attacked Pl with his fists until stopped by local policeman. Pls sued for &55,000 general damages and &1,000,000 punitive damages. Suit dismissed by Pl due to inability to effect service of process.
John Thorne, Esq, 510 N Third St, San Jose 95112.
||Smith v Cahill
(ND Calif, #44390) Dec 31, 1964: Pl's attys arrested and charged with blocking police entry to raid New Year's Eve homosexual ball, acquitted of charges. Nov 22, 1965: Pls filed &1 million damage suit under Civil Rights Act, 42 USC §1983. Trial pending.
Lowenthal & Lowenthal, and Ronald D Rattner, Esqs, 405 Montgomery St; Herbert Donaldson, Esq, 333 Franklin; Evander Smith, Esq, 683 McAllister; Elliott Leighton, Esq, 1255 Post, all of San Francisco.
||Harris v Aufort
(San Francisco Super Co, #533195) 1965: Pl by mistake parked car in space reserved for police- 76 -
outside precinct station; found car tagged; protested in station space not clearly marked. Def policeman started to cite Pl for no car registration; Pl showed registration; Def arrested Pl as drunk. Pl released, sued for false arrest. Trial: hung jury. New trial pending.
Donald L A Kerson, Esq, 341 Market St, San Francisco 94105.
||California v Gallagher
(San Francisco Super Ct) Jan 20, 1966: Def policeman stopped complainant Trepanier about 1 am, asked him questions, beat him; Trepanier hospitalized 7 days for broken jaw. Feb: Def suspended from police force. Aug 30: Def tried for felonious assault; hung jury (7-5 for conviction). Sept 9: Def resigned from force. Retrial pending.
||Wright v Los Angeles
(LA Muni Ct, #106960) Pl alleges he was arrested and incarcerated without being taken before magistrate. Awaiting trial.
Charles Beardsley, Esq, 458 S Spring St, John Sobieski, Jr, Esq, 1111 S Vernon St, ACLU, both of Los Angeles.
||Trice v Los Angeles
(2d Dist Ct of App, #29049) 1964: Suit for damages filed against police for illegal search and seizure. 1966: Super Ct sustained Def's demurrer. Appeal pending.
Hillel Chodos, Esq, 9107 Wilshire Blvd, Sheldon Bardack, Esq, 259 S Beverly Drive, both Beverly Hills, for ACLU.
||Marlowe v Coakley
(CA 9, #21981) 1962: Pl given &10,000; Pl claimed as inducement to run for judgeship; donor claimed for purpose of investment for donor's benefit. Feb 18, 1965: Pl indicted: grand theft; arrested. Jy 20, 1966: jury found Pl not guilty. Oct: Pl filed damage suit against Alameda Dist Atty, claiming false arrest, malicious prosecution, knowingly using perjury to obtain indictment. Apr 11, 1967: DC granted Def's motion to dismiss—DA's absolute immunity. May 11: appeal filed. Pending.
Benjamin F Marlowe, Esq, 508 16th St, Oakland.
||Figueroa v Mackey
(Blythe) (Riverside Super Ct) Apr 29, 1963: Pl seized by Def-policeman, kneed, jailed. Pl sued Def: battery, false imprisonment. Apr 1967: jury verdict for Pl; &750.
||San Francisco v Kuelz
(Muni Ct, #558457) Nov 18, 1964: Doctor alleges San Francisco employees kidnapped him, placed him in city hospital against his will, provided no services or aid to him, no judicial proceedings held within 72 hrs. Sanity h'g held, Pl found sane. Dec 7: Pl released from hospital. Je 23, 1967: Def filed motion to dismiss, alleging not liable to Pl for alleged sum. Pending.
Ephraim Margolin, Esq, 683 McAllister, San Francisco.
||Bechtler v City of Hawthorne
(Los Angeles Super Ct, #874116) Jy 25, 1965: Pl arrested inside courtyard of his apartment house: being drunk in a public place (Pen C §647F). Jury found Pl guilty; motion for new trial granted; Muni Ct dismissed charge: courtyard not public place. Dec 8: Pl alleged he was beaten and abused, sued for damages: false arrest and imprisonment, battery. Aug 23, 1967: pre-trial. Pending.
Hillel Chodos, Esq, Suite 604 Gibralter Tower, 9107 Wilshire Blvd, Beverly Hills.
||Deadwyler v Los Angeles
(Los Angeles City Council) Pl's husband shot to death by policeman while driving Pl to hospital. 1966: Pl filed claim for wrongful death, precondition to suit against City, officers. Pending.
||Berkeley v Birgit Williams
(Berkeley Muni Ct) Jan 5, 1967: Def allegedly found police officer in her house without warrant; officer found tin of pills, Def took it from him, officer called others; Def arrested: possession of dangerous drugs. Def alleges she was manhandled in police station. Pending.
Carleton Inniss, Esq, 2550 Telegraph Ave, Berkeley, Calif 94704.
||San Francisco v Diggers
(San Francisco Muni Ct) Jan 8, 1967: Police investigated Defs' house where films being shown: possible fire hazard; police allegedly found syringe, searched rest of house; Defs arrested: running opium den, fire code violations. Defs charge police systematically harass Defs, charges dismissed in 70% of cases. Pending.
Patrick Hallinan, Esq, 345 Franklin St, San Francisco 94102.
||Berg v Cahill
(San Francisco) (ND Calif) Pl sued to enjoin enforcement of Cal Penal Code §§370, 372, public nuisance sections, alleging they are used to harass citizens deemed undesirable by police. Jy 1967: DC dismissed: matter should be resolved by state cts.
Richard B Weinstein, Esq, 45 Polk St, Paul Halvonik, Esq, 503 Market St, San Francisco, for ACLU.
||California v John Ross
(San Francisco Muni Ct) Aug 6, 1967: San Francisco Draft Resistance Union had benefit party; police stepped in to quiet it. Several police allegedly injured; 10 persons arrested: assault with deadly weapon, resisting arrest, assaulting police. One Def is candidate for supervisor on Progressive Labor Party ticket. Oct 9: preliminary h'g.
||Paddleford v Biscay
(ND Cal) Apr 6, 1967: Def-police arrested Pl-woman at 10 PM on traffic warrant; allegedly threatened to break in, handcuffed, insulted Pl, denied Pl access to counsel, took Pl to jail circuitously. Aug 8: Pl sued Def-officers, Def-Muni Ct judge, alleging ready-stamped warrants kept by latter, violating Pen C §813 (misdemeanor warrants only servable in daytime unless specifically endorsed). Pending.
Marvin E Lewis, Esq, 690 Market St, San Francisco.
||Moore v Clark
(SF Super Ct) May 1, 1965: Def-police entered Pl's hotel, questioned resident. Pl allegedly advised resident not to answer, argument followed, Pl arrested. Pl brought false arrest against officers, City. Aug 23, 1967: jury found for Defs.
Marvin E Lewis, Esq, 690 Market St, San Francisco.
||Johnson v San Francisco
(SF Super Ct) Sept 27, 1966: Def-policeman chased, fatally shot Negro youth, 16; demonstrations, riot followed. Officer suspended. Oct 20: Coroner's jury found excusable homicide. Officer reinstated. Dec 5: Pl-parents filed &505,000 claim against Def-City with Controller; denied. Action filed in Super Ct. Pending.
Melvin Belli, Esq, 722 Montgomery St, San Francisco.
||Berkeley v Guerro Phil
(Berkeley Muni Ct, Calif) Sept 1967: Police stopped car, passenger fled: wanted on- 77 -
traffic warrant. Police allegedly beat him up, used chemical MACE. Passenger Def, chairman of West Berkeley Advisory Comm, said there was excessive brutality; police ordered him to move off; he remained; beaten in stomach several times. Pending.
||Hagan v Superior Ct
(USSC) (385 US 1025) Def-Ct Commr found Pl in contempt in another litigation for coming into ctroom with concealed tape recorder. Pl filed false imprisonment suit. Super Ct held Pl's failure to file timely claim required by Cal Gov't Code barred maintenance of suit. Dec 2, 1966: Petition for cert filed. (1) Did Cal Gov't Code's requirements for presentation of claims against public entities violate 14th Amdt's equal protection clause and constitute class legislation in excess of that required by state to protect itself? (2) Did issuance of writ of prohibition against maintenance of Pl's suit constitute denial of due process, violation of other civil rights? Jan 16, 1967: USSC denied cert.
Evert Hagan, pro se, 4102 Los Villas, Los Angeles.
||MacDonald v California
(CA 9) Def arrested. Issues on appeal: (1) constitutionality of Calif Penal statute imposing duty not to resist unlawful arrest; (2) prosecution's refusal to dismiss charge on which it admitted it had no case because Def refused to stipulate to probable cause for arrest. USSC denied cert: want of jurisdiction. Def petitioned for habeas; DC denied. Appeal pending in CA 9.
Hillel Chodos, Esq, for ACLU, 9107 Wilshire Blvd, Beverly Hills, Calif.
||Scruggs v Haynes
(1st Dist Ct of App) (252 ACA 271) (Long Beach) Pl filed statutory tort claim; denied; sued 2 officers, City for assault, battery: Pl protested manhandling of friend at scene of collision; officers handcuffed, beat, jailed Pl; released him without arrest or charge. Non-jury trial. Ct found for 1 officer; gave judgment against 2d officer, City: &12,000 compensatory damages; &5,000 punitive against officer only. Ct of App affirmed: use of excessive force by policeman not a "discretionary act" (Gov't C §820.2); City therefore cannot claim derivative immunity (Gov't C §815.2).
||Moore v San Francisco
(San Francisco Super Ct, #558,431) Def-policemen questioned juvenile at Pl's hotel. Pl, 68-yr-old woman, tried to advise juvenile; arrested: interfering with officer; Pl deposited bail according to fixed schedule; was held several hours for booking, fingerprinting, mugging; was held 1½ more hours before release. Pl sued for false arrest, imprisonment. Jury found for Def-City, officers. Oct 23, 1967: Ct granted Pl's motion for judgment against City notwithstanding verdict: although jury could find probable cause for arrest, Pl falsely imprisoned by failure to release her on deposit of bail: Pen C §1295, as applied, denies right of ordinary misdemeanor arrestee to immediate release on posting of bail. Ct ordered new trial to fix damages. Pending.
Marvin E Lewis, Esq, 690 Market St, San Francisco.
||Osborn, Redmond v Sup't, California Men's Colony
(USSC) (cd 387 US 915) State prisoners, appealing from convictions, filed petitions for writs of habeas corpus to end prison officials' censorship of atty-client mail. Je 1, 1966: Cal Sup Ct denied petition. May 22, 1967: USSC denied motion for leave to file petition for habeas writ.
Hillel Chodos, Esq, 9107 Wilshire Blvd, Beverly Hills; A L Wirin and Laurence Sperber, Esqs, ACLU, 257 S Spring St, Los Angeles.
||Renteria v DiGiorgio
(San Diego Super Ct. #301863) Je 29, 1966: Pls proceeded to their homes at Def's labor camp; detained and imprisoned by Def's agents; arrested: trespass. Aug 3: Justice Ct (California v Chavez, Ramona Jud Dist, #3929) acquitted Pls. Je 28, 1967: Pls sued: false imprisonment, malicious prosecution. Pending.
Jerome Cohen, Esq, Box 130, Delano, Calif 93215.
||Jones v Horvat
(DC Colo, #66-C-262) Pl-professor, speaker against Vietnam war, hosted student club meeting in home. Defs-sheriff, deputy entered home to serve commitment order on guest invalidly declared incompetent on petition of parents after seeking CO classification. Defs held Pl several minutes, arrested several guests including Pl in Horvat, 304.Colo.2. May 1966: Pl sued for violation of civil rights, conspiracy (42 USC §§1983, 1985). Case settled after judgment for Pl in Horvat.
Harry K Nier, Jr, Eugene Deikman, Esqs, 1700 Broadway, Denver 80202, for ACLU.
||Professor v Horvat
(DC Colo) Pl, arrested at meeting in Jones, 304.Colo.1, sued sheriff, deputy, for violation of civil rights. Jury found for Pl; ct reduced award to &15,000.
||Gaston v Tobriner
(DC DC, Civ, #3994) 1962: Pl-Howard Univ students sued Washington, DC Commissioners and several police officers, alleging Pls detained several hours without probable cause. DC granted Defs' motion to dismiss as to DC Commrs, denied as to other Defs. Pending.
Arthur D Woods, Jeanus B Parks, Jr, Herbert O Reid, Jr, Esqs, 1500 Newton St NE, Washington, DC.
||Carter v Hoover
(DC DC) Aug 16, 1965: Pl-FBI clerk fired from his job because he had a girl in his apartment overnight. 3 other FBI clerks who shared apt allegedly harassed by FBI and forced to resign. Apr 21, 1966: Pl sued for reinstatement and for back pay. Pending.
||Garrett v Berrier
(DC DC, #931-67) Apr 26, 1966: Def-police officer stopped Pl-cabby for speeding; allegedly falsely asserted taxi smoked, would be impounded, dragged Pl from cab, causing Pl to fall. Oct 18: Hearing. Mechanic testified taxi did not smoke. Pl filed request for reprimand. Complaint review bd recommended officer be disciplined; pending. Apr 1967: Pl sued officer, captain, chief, and Dist of Col: assault and battery, deprivation of civil rights, negligence. DC denied Def-Dist's motion to dismiss negligence count.
Ralph Temple, Esq, 1424 16th St NW, Suite 501, Washington, DC 20036.
||Lewis v Aderholdt
(USSC) (382 US 111) Police property clerk refused to return to Pet property which Pet was suspected of stealing although Pet had not been charged with the crime. Oct 11, 1965: USSC denied cert.
Armand Dertner and Monroe H Freedman, 1424 16th St NW, Washington, DC, for NCA-ACLU.
||Gordon v Florida State Trooper
(Tallahassee) (ND Fla) Florida State Univ officials assured Pl, CORE field secretary, that annual fraternity parade would have no floats degrading Negroes. One float carried girl in "black- 78 -
face" being beaten by white man with whip. When Pl blocked passage of float, state trooper ordered driver of horse-drawn wagon to run over Pl. Nov 8, 1965: Pl sued Trooper, wagon driver; pending.
John Due, Esq, CORE, 540½ W Brevard St, Tallahassee.
||Chambers v City of Tampa
(Hillsborough Co Ct) Je 11, 1967: Policeman slew fleeing burglary suspect. Riot began; 9 stores burned, 15 persons injured, 20 arrested, one deputy died of heart attack. Je 12: Human Relations Commn announced suspension of officer pending hearing. Gov sent 500 Guardsmen, 235 state police. Je 13: rioting spread. Je 14: City Atty ruled slaying justifiable homicide. Sheriff agreed to remove Guard, police on assurances of Negro leaders; Negro youth patrol dispersed mobs. Je 15: City councilmen gave citation to youth patrol members. Pl-parent of slain suspect authorized NAACP to sue Def-city. Pending.
Francisco A Rodriquez, Esq, 2922 N 11th St, Tampa, Florida.
And see cases at 429.
||McPherson v Boutwell and Tamiami Trail Tours
(ND Ga, #8359; CA 5) Pl, Jamaican Negro student, alleged he was beaten on bus. Pl sued city and company for assault and battery damages. DC held for Defs. Appeal pending.
Donald Hollowell, Howard Moore, Esqs, 859½ Hunter St NW, Atlanta, Ga.
||Georgia v Harris
(Ga Sup Ct) Def Negro indicted for burglary. Def alleged police assaulted, shot him, nearly fatally. Convicted. Issue on appeal: use of state police laws to conceal summary imposition of punishment by police. Pending.
Howard Moore, Esq, 859½ Hunter St NW, Atlanta.
And see Harris, 304.Ga.6a.
||Harris v Justice
(SD Ga, #1282) Facts: Harris, 304.Ga.6. Pl sued police officers for damages for injuries sustained during arrest; lost sight in right eye. Pending.
Howard Moore, Esq, 859½ Hunter St NW, Atlanta.
||Gause and Avant v Chicago Police Officers
(Cook Co Cir Ct, #64 L 9071) 1963: Chicago police officer allegedly assaulted minor Pl-Avant. Apr 15, 1964: Pls sued officer, joined City under respondeat superior. Je: City's motion to dismiss it on grounds of governmental immunity sustained. No appeal. Trial pending in action against individual policemen.
Herbert Fisher, Esq, 69 W Washington St, Chicago 60602.
||Mack v City of Chicago
(Cook Co Cir Ct, #63 S 15147) 1963: Deceased shot by arrestee in Chicago police station. Pl, administratrix, sued City and police officers for wrongful death, alleging negligence in restraining arrestee. City's motion to dismiss it on ground of governmental immunity sustained. Suit settled for &23,000.
Herbert Fisher, Esq, 69 W Washington St, Chicago 60602.
||Andrews v Porter and Chicago
(Ill App Ct, 1st Dist, 2d Div, #50328) (217 NE2d 305) Aug 1, 1960: Def policeman shot, killed Pl's husband; Pl widow sued Def for wrongful death, joining City under indemnity act (Ch 24, Par 1-4-5 (1963)). Decided with 304.Ill.22.
||Fox v Chicago and Price
(Ill Sup Ct) (226 NE2d 597) Jan 24, 1963: Pl arrested for traffic violation, offered bond for release, refused by Def police, held for larceny on capias for man with similar name; Defs refused to verify Pl's allegations til so ordered by ct next day; Pl released, sued for damages and judgment declaring Def city liable. Trial cts sustained Def-City's motions to dismiss in both cases. May 3, 1966: App Ct held: (1) Pl has cause of action against policeman for his tortious conduct while performing gov'tal functions; (2) gov'tal immunity in Ill abolished in part by statute in 1943, reinstated in 1945, but City can be sued for tortious conduct of its police under Molitor v Kaneland Community Unit Dist, 163 NE2d 89 (1959); (3) ch 24, §1-4-5 does not bar such direct actions; (4) causes of action for declaratory judgments premature against City til trial against policeman. May 1967: Sup Ct affirmed. Pending.
Rogers, Strayhorn and Harth, Esqs, 343 S Dearborn, Chicago.
||Kincy v Wilson and Chicago
(ND Ill, #66C1872) Feb 8, 1964: Pl arrested for robbery, allegedly identified by witness. June 1: Pl convicted; imprisoned 30 mths. Je 30, 1966: App Ct of Ill reversed for lack of evidence. Oct 17: Pl sued police chief, officers, City, and complainants for conspiracy to deprive Pl of right to life and liberty without due process in violation of 14th Amdt, 28 USC §1343(3), 42 USC §§1983, 1988, seeking &100,000 compensatory, &150,000 punitive damages. Nov 25, 1966: DC granted City's motion to dismiss: exercise of pendent jurisdiction based on Pl's subrogation to officers' right of indemnification would be prejudicial; denied motions of complainants: private persons conspiring with officers are liable under §1983. Pl settled with some Defs; pending as to police officers and Superintendent of Police.
Elmer Gertz, Esq, 120 S LaSalle, Chicago.
And see 304.Ill.23a.
||Kincy v Land
(Cir Ct, Cook Co, #66 L 16751) Facts: Same as 304.Ill.23. Oct 1966: Pl sued complaining witnesses only for causing his false arrest and imprisonment, seeking &25,000-&100,000 damages. Pending.
Elmer Gertz, Esq, 120 S LaSalle, Chicago.
||Kerr v Chicago and Wilson
(ND Ill, E Div, #66 C 1731) June 19, 1963: 5:30 am: Def police came to house of Pl, minor, without warrant, told Pl's father they wanted to question Pl in routine investigation tho didn't think he had committed any crime; Defs took Pl to police station, questioned him about fire and burglary; Pl alleges when he said he knew nothing, he was beaten, forced to submit to lie detector test without parents' permission, not allowed to eat, use washroom, or see parents, tho he asked to do so and mother at police station. Pl finally signed confession. Je 20: Pl brought before magistrate. Trial held; Pl's "confession" admitted into evidence; jury unable to reach verdict. Dec 2, 1964: motion of nolle prosequi entered. Sept 1966: Pl sued City and police officers under 42 USC §§1983, 1988 and Ill police indemnification act, for &100,000 general damages, &500,000 punitive damages. Pending.
Elmer Gertz, Esq, 120 So LaSalle St, Chicago 60603.
||Herschel v Wilson
(USSC, #678) (365 F2d 17, 385 US 973) Pl-pamphleteer arrested for violating Chicago's antilitter- 79 -
handbill ordinance. Charges dropped. 1966: CA 7 held Pl not entitled to order under Civil Rights Act (42 USC §1983) to expunge all records concerning arrest. Oct 14: petition for cert filed: invasion of privacy in violation of First and 14th Amendments. Dec 5, 1966: USSC denied cert.
John M Bowlus, Esq, 105 W Adam St, Chicago, Ill.
||Illinois v Alcantar
(Cook Co Cir Ct, 1st Muni Div) (66MC126773-774) Man charged with resisting arrest, aggravated battery, disorderly conduct. Police allegedly beat him up brutally, broke his arm. Def alleges criminal charges used to mask police's physical abuse. Aug 7, 1967: Cir Ct dismissed case.
Morris Simons, Esq, 33 N Dearborn; David C Long, Esq, 19 S LaSalle, both of Chicago.
||Illinois v Young
(Ill App Ct, 1st Dist, #51797) Police wanted to search Def-woman's home; Def asked to see search warrant; it was only for house next door. Def so stated to officers, then struck one of them; arrested: resisting peace officer, battery; convicted. On appeal, Def questions scope of "resisting" and "battery" stats (Ill Rev Stat ch 38 §§7-2, 7-7, 12-3, 31-1), when citizens react to police interference with their civil liberties. Pending.
Steven L Larson, Esq, 122 S Michigan Ave, Chicago 60603.
||Brinkman v Indianapolis
(Ind App Ct) (36 Law Week 2344) Def-policeman called to take man to hospital; instead jailed him for drunkenness, disorderly conduct. Man died of pneumonia. Ct held City liable: Indiana no longer recognizes sovereign immunity defense.
||Tyson v Cazes
(CA 5) (238 FSupp 927, 10 RRLR 341) Jy 1964: Pl-Negro physician denied service at club, refused to leave without hearing reason for refusal, arrested: drunk and disorderly, disturbing the peace. Justice Ct dismissed for lack of evidence. Pl sued owner, mgr and 5 arresting officers for damages under 1964 Civil Rights Act, 42 USCA §2000a, for conspiracy to deny civil rights and denial thereof, false arrest and malicious prosecution. Feb 26, 1965: DC dismissed Pl's suit, notwithstanding local ordinance forbidding service of alcohol to Negro and white in same premises, §202 of Civil Rights Act does not require injunctive relief against establishment. Mar, 1966: CA heard appeal. Pending.
Murphy Bell, Esq, 971 S 13th St, Baton Rouge.
||Bogalusa v Horton
(Bogalusa City Ct) Def-Caucasian, civil rights worker, assaulted in full view of police; assailant and Def arrested: simple battery, disturbing the peace. Series of continuances. City Atty dropped charges against both men, over objections of Def. Sept 10, 1966: Def visited patient in hospital; arrested: drunkenness, resisting arrest; Def beaten by arresting officer. Def moved for contempt citations against officials based on Hicks v Knight, 63.31. Def brought damage suit against arresting officers. Trial on criminal charges pending.
Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans 70113.
||Horton v Wascom
(Bogalusa) (ED La, #66,390) Sept 1966: Pl-Caucasian civil rights worker arrested without cause; beaten with nightstick. Pl brought damage suit under 42 USC 1983. Pending.
Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans 70113.
||Hall v Berry
(W Monroe) (WD La, #12,170) Pl-Negro beaten by 5 police; arrested: resisting arrest, disturbing the peace. Pl brought damage suit under 42 USC 1983. Pending. Pl convicted on criminal charges. Sept 30, 1966: Dist Ct affirmed conviction; 6 mths in prison.
Richard B Sobol, Esq, 2209 Dryades St, New Orleans.
||Aronson v Giarusso
(New Orleans) (ED La, #66,281) Sept 6, 1966: Pl sued to enjoin police department from photographing persons taking part in civil rights and antiwar demonstrations as intimidation and suppression of exercise of First Amdt rights. Pending.
Richard B Sobol, Esq, 2209 Dryades St, New Orleans.
||Winston v Weber
(Cambridge) (DC Md) Defs arrested Pl, of Non-Violent Action Comm, for nonexistent offense: "failure to identify himself." Aug 18, 1965: Pl filed &50,000 civil suit against 2 policemen, police chief, sheriff and deputy sheriff for false arrest under 42 USC §§1983, 1985, 1986. Pending.
Marvin Braiterman, Esq, 506 Tower Bldg and Elsbeth Levy Bothe, Esq, 41 W Preston St, both of Baltimore.
||McIver v Russell
(Baltimore) (DC Md, #17457) 1966: Pl alleges police severely beat him without cause, then arrested him: disorderly conduct. Grand jury refused to indict; charges dropped. Jy 14, 1966: Pl sued for &300,000 compensatory, punitive damages. Motion to dismiss denied. Pending.
Gerald Smith, Esq, American Bldg, Juanita Mitchell, Esq, 1239 Druid Hill Rd, both of Baltimore; Michael Meltsner, Esq, NAACP Inc Fund.
||Lankford v Gelston
(Baltimore) (CA 4) (364 F2d 197) Pls sued to enjoin Baltimore Police Commr from unlawful searches of homes in violation of Fourth Amdt. Trial ct found more than 300 unlawful searches, but denied injunction. Je 23, 1966: CA, en banc, unanimously reversed, ordered entry of injunction forbidding searches of homes solely on basis of anonymous tips hence without probable cause.
Juanita Mitchell, Esq, 1239 Druid Hill Ave, Baltimore.
||Stanzione v Hubbard
(ED Mich, S Div, #25099) Aug 26, 1963: Pl-white homeowner rented upper flat of house to white man and Nisei wife. Sept 2: Moving company employees, Negroes, began moving tenants' furniture in. Neighbors, thinking Negroes moving into neighborhood, pelted house with eggs, etc. Pl, arriving, beaten with bedrail, sugar poured into gas tank, convertible top slashed. During 29 hr period, Pl requested police assistance 6 times; police arrived, observed, made no arrest or attempt to halt attack. Mar 16, 1964: Pl sued Mayor, Dir of Public Safety of Dearborn, Chief of Police, 13 police officials, alleged: (1) as part of pattern of racial discrimination carried on by Def-Mayor and those acting under his direction, responsible officials refused to carry out statutory responsibility to protect Pl (Dearborn City Charter, §§8.3, 8.17; Mich Stat Ann §§28,789 28,792), thus denying Pl rights under 42 USC §1983; (2) Defs conspired to deprive Pl of due process and equal protection, making them liable under 42 USC §1985. June 19: DC denied Defs motion to dismiss. Pending.
- 80 -
Hanlon, Hanlon & Carpenter, Esqs, 1226 S Monroe Blvd, Dearborn; ACLU of Michigan, 401 Washington Blvd Bldg, Detroit 48226.
||Petition of Bernard, Garrett, Graham
(Detroit Common Council) May 16, 1966: Waniolek went to office of Socialist Workers Party and Young Socialist Alliance, killed Leo Bernard, husband of Pet, and wounded other Pets, active members of organizations. Def charged with murder; sanity commn said he suffered from paranoid schizophrenia for past 5 yrs; committed to State Hospital for custody and treatment. Mich has sovereign immunity rule, so Pets asked Common Council to pay burial expenses of Bernard, medical and rehabilitation expenses of other Pets because City had some responsibility for events: (1) Police Dept had Def's history; several citizens reported to Dept receipt of irrational letters from Def; S African Consulate reported to US Secret Service that Def said he had guns to fight common enemy, Dept got report; US and Dept agents told by Def's wife he had potential capacity for violence; (2) Mich law gives police authority to institute commitment proceedings in such cases. Jan 24, 1967: Council refused to compensate; ground: sovereign immunity. No suit filed.
Ernest Goodman, Esq, 3200 Cadillac Tower, Detroit.
||Low, Brooks, Williams, Syrjale Porter v Detroit, Romney, Cavannagh, Girardian, Natl Guard officials
(Detroit) (Wayne Co Cir Ct, #92205) Jy-Aug, 1967: Police, without warrants, made house to house search, seized personal property. Pls sued for injunction. Aug 9: Cir Ct dismissed, Ct of App denied relief.
Ronald Reosti, Esq, Neighborhood Legal Services Inc, 3546 Trumbull, Detroit 48208.
Amicus Norton J Cohen, Esq, 1600 Washington Blvd, Detroit 48226.
And see cases at 429.
||Pierson v Ray
(Jackson) (USSC) (352 F2d 213, 386 US 547) 1961: Pls, among 15 white and Negro Episcopal cleargymen, tried to use segregated facilities at interstate bus terminal; Def policemen arrested Pls: breach of peace, refusal to move on (Miss C §2087.5). Pls waived jury; convicted by Def muni police justice: 4 mths and &200. On appeal, Pl given trial de novo in Co Ct: directed verdict for Pl. Pl sued in DC (a) for damages under 42 USC §1983, (b) for false arrest, imprisonment at common law. Jury trial: for Defs. CA 5 held: justice immune from (a), (b); Def policemen liable under §1983. At 2d trial, ct held Pls could not recover if they went to Miss anticipating arrest. Jan 11, 1967: USSC held (8-1), Warren, CJ: (1) justice immune—no allegation he played any role other than judging Pls guilty, §1983 did not change this common law rule; (2) Defs not liable for acting under statute they reasonably believed to be valid tho later held unconstitutional; (3) defense of good faith and probable cause available to Defs on (a) and (b) counts; (4) contradictory testimony whether Defs arrested Pls just to prevent violence; jury believed Defs but new trial required because jury influenced by irrelevant, prejudicial crossexamination of Pls' on their views of Communist Party, racial equality; (5) at new trial, rule is that Pls not disqualified under §1983 even if they went to terminal for sole purpose of testing rights to unsegregated public accommodations. Douglas, J, diss: Argument that actions of judges must not be subjected to judicial scrutiny "is but a more sophisticated manner of saying `The King can do no worng'"; "Congress, I think, concluded that the evils of allowing intentional, knowing deprivations of civil rights to go unredressed far outweighed the speculative inhibiting effects which might attend an inquiry into a judicial deprivation of civil rights," particularly since Defs can't remove cases, under Peacock, 55.Miss.5a, 384 US 808.
Carl Rachlin, CORE, 38 Park Row, NYC 10038.
Melvin Wolf, Esq, ACLU, 156 Fifth Ave, NYC; Leonard H Rosenthal, Esq, 406 W Capitol, Jackson, Miss; Stephen Nagler, Ssq, 160 W 96th St, NYC; Frederick A O Schwartz, Esq, 276 Fifth Ave, NYC.
Casenote: 1968 Wisconsin 275-9.
||Intl Bhd of Elec Workers v Jackson, Miss
(SD Miss, Jackson Div, #3663) 1964: Organizers of Pl-Union distributed handbills at Zinsco Elec Prod Co; arrested. Pl sued city, city and state officials: damages for violations of constitutional rights and Civil Rights Acts. May 1964: Union attempted to organize Universal Mfg Corp; threats to organizers of injury and death if did not leave town in 12 hrs; attempts to get police protection failed; police stopped Pl's distribution of leaflets. Union filed suit against officials. Pending.
Dixon Pyles, Esq, 507 E Pearl St, Jackson; Sherman, Dunn & Sickles, Esqs, 1200 15th St NW, Washington, DC.
||Intl Bhd of Elec Workers v Jackson City Officials, Mississippi State Officials
(SD Miss, Jackson Div) Universal Mfg Company built with bond issue floated in Simpson County. 1964: Pl-Union started to organize Company workers, organizers threatened, told to leave County in 12 hrs; Defs halted distribution of Pl's handbills, refused police protection to Pl. 1965: Pl sued for &125,000 damages; pending.
Dixon Pyles, Esq, 507 E Pearl St, Jackson; Sherman, Dunn and Sickles, Esqs, 1200 15th St NW, Washington, DC.
||Clay v Robinson
(Jackson) (SD Miss) May 1965: Pl, Negro civil rights worker, participated in demonstration; assaulted; arrested; jailed 3 weeks while attempting to make bond. Case removed to DC; US Commr reduced bond from &500 to &100; Pl released. Jan 1966: City Prosecutor dismissed: investigation showed no probable cause for arrest. Pl and 5 others filed damage suit under 42 USC §1983 against Chief of Police, various police officers, their surety company charging unlawful assault, false arrest, malicious prosecution, unlawful detention. Trial pending.
Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
And see Muilenberg, 304.Miss.11a.
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||Muilenberg v US Fidelity and Guaranty Co
(DC NH, #2672; SD Miss, Vicksburg) May 1965: Pl, Caucasian civil rights worker, assaulted and arrested (see Clay, 304.-Miss.11). Pl sued in NH, home of Pl, place of business of Def surety co. Def moved for (1) dismissal for lack of jurisdiction, (2) change of venue. Jan 17, 1967: NH DC transferred to SD Miss. Pending.
Alvin J Bronstein, Esq, Lawyers Constitutional Defense Committee, 603 N Farish St, Jackson, Miss 39202.
||Anderson v Nosser
(Natchez) (ND Miss, Greenville Div, #GC 669) Oct 2—4, 1965: Pls in peaceful demonstration; arrested: marching without parade permit; taken 215 miles to state penitentiary without h'g or opportunity to post bail. Pls forced to stand in cold; some beaten, all forced to drink laxative; put in unsanitary and crowded cells, windows left open and deprived of clothing; denied medical treatment. Feb 17, 1966: Pls sued police and other public officials for damages arising from deprivation of civil liberties, cruel and unusual punishment, and physical suffering. DC denied Def's motion to dismiss.
Richard E Tuttle, John H Doyle, III, Denison Ray, Esqs, 233 N Farish St, Jackson; Lawyers' Comm on Civil Rights Under Law.
||Wright v Wages
(Jackson) (ND Miss) Summer 1965: Pl, Negro woman, registered to vote; one hour later, arrested; traffic violation; taken to jail; beaten. 2 local doctors and Sheriff certified Pl as insane; sent her to state mental hospital. 2 mths later, Pl discharged from hospital: diagnosis "without psychosis." When she returned home, arrested on another charge. Pl filed suit under 42 USC 1983 for beatings, unlawful arrest, unlawful commitment in mental hospital against Defs, Sheriff, deputy, doctors, Def's surety co. Trial pending.
Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
||Miles v Martin
(Canton) (DC Miss) Je 1966: Pl, member of MFDP exec comm, beaten by police; arrested: traffic offense. Case removed to DC. Pl brought damage suit under 42 USC 1983 in DC. Pending.
Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
||Roberts v Williams
(SD Miss) Pl, 14-year-old Negro, tried illegally and without counsel in Criminal Ct; convicted: 90 days. While serving sentence, Pl shot in face by guard for not responding to order, blinded for life. Pl sued for &1,000,000 against public officials and employees responsible. Pending.
Robt C Thomass, Esq, Lawyers Comm on Civil Rights Under Law, P O Box 764, Jackson 39205.
||Lexington v Green
(Miss) Jy 29, 1967: Def, SNCC worker, wrecked car he was driving: arrested: reckless driving. Def charges police brutality. Pending.
||Jackson v Martin
(ND Miss) (Ruleville) (261 FSupp 902) Nov 25, 1965: Pl-Negro arrested: disorderly conduct. Def-policeman allegedly shot Pl without justification, left without attempting to render aid. Pl pled guilty to disorderly conduct charge. 1966: Pl sued for deprivation of civil rights (42 USC §1983). Ct denied Def's motion to dismiss: Pl's guilty plea does not bar action for use of excessive force. Pending.
Carsie A Hall, Jack H Young, Esqs, 115½ N Farish St; R Jess Brown, Esq, 125½ N Farish St; Denison Ray, Esq, 233 N Farish St; all of Jackson, Miss.
||US v DePugh
(Kansas City) (ED Mo) Founder of Minutemen did not pay &200 fed'l tax on making or altering of firearm (Federal Firearms Act), arrested. Nov 14, 1966: DC held Def, 2 other Minutemen guilty of conspiracy: 2 yrs, 3 yrs probation. Jan 17, 1967: DC denied motion for new trial. Pending.
||Fremont Hotel and Levison v Central Telephone Co
(Las Vegas Co Ct) 1966: Pls, alleging Def cooperated with FBI in putting 25 wire taps in Pls' and other hotels in violation of Nevada statutes, sued for &4.5 million damages. Aug, 1966: Atty Genl Katzenbach ordered FBI not to reveal what was overheard. Pending.
||Rodriquez v Free and Jersey City
(DC NJ, #1335-65) Dec 20, 1965: Pl filed damage suit against Def-police officer and city under 28 USC §1343 and 42 USC §1983, also count for common law assault and battery alleging he was beaten by Def-officer, resulting in 7 fractures and permanent partial loss of hearing in one ear, and inability to resume employment for over 4 mths. May 6, 1966: pretrial. One issue: responsibility of municipality for actions of police under McAndrew v Mularchuk & Borough of Keansburg, 162 A2d 820. During trial, Pl disappeared. DC dismissed suit subject to being reopened. Pl returned; application for re-opening pending.
Jesse Moskowitz, Esq, 880 Bergen Ave, Jersey City.
||Bauers v Heisel
(USSC, #528) (361 F2d 581; cd 386 US 1021 (1967)) Def county prosecutor prosecuted Pl juvenile as an adult, denied him speedy trial. Pl sued for damages under §1983. CA 3 held judicial immunity protects Def when conduct not clearly outside his authority. Apr 24, 1967: USSC denied cert.
Robert W Maris, Peter Hearn, Esqs, Prof Anthony Amsterdam, all of ACLU, Philadelphia; Melvin Wulf, Esq, ACLU, 156 5th Ave, NYC.
Case notes: 40 Temple 244—54; 13 Wayne 385-92.
||Adams v Hughes
(Plainfiled) (DC NJ, Civ #849-67) Jy 19, 1967: during riots State Troopers, Nat'l Guardsmen, police officers conducted house-to-house search in Negro neighborhood for stolen carbines. Aug 9, 1967: 63 Negro families sued Governor and police for &1,075,000 damages resulting from search, injunction to stop search. Pending.
Frank Askin, Esq, ACLU, 45 Academy St, Newark 07102; Emerson Darnell, Esq, 219 High St, Mt Holly, NJ; Solomon Golat, Esq, 786 Broad St, Newark; George G Mutnick, Esq, 127 Watchung Ave, and William Wright, Jr, Esq, 201 East 5th St, Plainfield; Morton Stavis, Esq, 744 Broad St, Newark; Leonard I Weinglass, Esq, 43 Bleecher St, Newark.
Amicus Robert A Carter, Charles H Cottingham, Henry di Suvero, Alan McPherson, Esqs, ACLU, 45 Academy St, Newark; John deJ Pemberton, Melvin Wulf, Esqs, ACLU, 156 Fifth Ave, NYC; Arthur Kinoy, William Kunstler, Esqs, 511 Fifth Ave, NYC; Robert I Carter, Esq, NAACP, 1790 Broadway, NYC; Robert E Knowlton, Esq, 180 University Ave, Newark; Carl Rachlin, Esq, Scholarship, Education and Defense Fund for Racial Equality, 150 Nassau St, NYC.
And see cases at 429.
||Kidd v Addonizio
(DC NJ, #899-67) Jy 12-16, 1967: Newark riot. Pls-Negroes charge Newark police, in concert with State Police and Nat'l Guard, deprived Negroes of enumerated rights, with brutality, killings, and other indignities. Pls seek an injunction against continued mistreatment and appointment of receiver over police operations. Pretrial depositions being taken. Pending.
Irwin Booker, Irvin L Solondz, Esqs, 790 Broad St; Henry M di Suvero, Frank Askin, Robert A Carter, Esqs, ACLU, 45 Academy St; Morton Stavis, Dickenson R De bevoise, Arnold K Mytelka, Esqs, 744 Broad St; Dennis J Roberts,- 82 -
Esq, 116 Market St; Annamay T Sheppard, Joseph Barry, Harris David, Oliver Lofton, Elliot Wilk, Esqs, 114 Branford Place, all of Newark; Robert L Carter, Barbara A Morris, Esqs, 20 W 40th St; John de J Pemberton, Melvin Wulf, Esqs, ACLU, 156 Fifth Ave; Barney McHenry, Esq, LCDC, 156 Fifth Ave; Arthur Kinoy and William Kunstler, Esqs, 511 Fifth Ave, Carl Rachlin, Esq, 150 Nassau St, all of NYC.
Complaint printed in full in 26 Guild Practitioner 124-131 (Fall 1967) &1.15; Box 673, Berkeley 94701.
And see cases at 429.
||Oberkehr v Kauffman, Melleby
(Camden, NJ) Apr 15, 1967: Pl, minister, S Jersey peace movement leader, and 8 others photographed by Camden police as they boarded bus for Spring Mobilization in New York. Apr 19: police took photographs of 5 students picketing speech by Army spokesman at Rutgers. Suit filed seeking injunction against such harassment. Pending.
Henry M di Suvero, Esq, ACLU, 156 5th Ave, NYC.
||Smith v Spina
(DC NJ, #853-67) Jy 12, 1967: At beginning of Newark riot, Pl-Negro taxi driver was arrested, allegedly beaten, and charged with assault and battery on police officer. Pl filed damage suit against Defs, police officers, Director of Police Dept, Chief of Police: beating deprived Pl of 14th Amdt rights; Director and Chief wilfully or negligently failed to discipline, train or supervise officers. Pending.
Irvin L Solondz and Morton Stavis, Esqs, 744 Broad St, Newark.
And see cases at 429.
||Smith v Newark
(Essex Co Super Ct #L-69911-66) Pl in Spina, 304.NJ.6, brought action against city in state ct for same injuries: city liable as employer of police officers and for negligent supervision, training.
||Cruz v New York City; Re Detective John Devlin
(ED NY) Sept 9, 1964: Informer told police suspected killers could be found near certain Lower East Side address. Detectives staked out area; Pl, Puerto Rican, appeared; fled. Pl alleges detective failed to identify self, beat Pl, shot him without warning; wound nearly fatal. Sept 10: Same informer told police they had wrong person. Pl filed suit for negligence, assault, malicious prosecution: &2 million. Police Dept hearing cleared Devlin of using "excessive force" against Pl. Je 8, 1966: City filed general denial; DC ordered Def to let Pl see its ballistics reports to determine whether Devlin was policeman who shot Pl. Pending.
Harry H Lipsig, Esq, 100 Church, NYC.
||Theodore Jones' Family v New York City
(Brooklyn Sup Ct) Jy 24, 1965: Crichlow, Negro policeman, arrested Jones, 20, Negro, while street dancing with friends at Coney Island; Crichlow hit Jones with night stick; Jones taken to hospital, x-rayed, wound stitched, returned to police station. Jy 26: Jones returned to hospital: fractured skull, after operation, Jones died. Oct 21: grand jury heard conflicting testimony: Crichlow claimed when Jones was arrested, he tried to retrieve his wallet, Crichlow reacted "instinctively" with night stick; others testified Jones made no move, attack unprovoked; returned no true bill. Jones' family suit for &1.5 million damages pending.
NYCLU, 156 Fifth Ave, NYC.
||Re Police Officers Holly, Fitzpatrick
(Rodriguez, Comp) (Bronx Grand Jury) Jy 1965: Rodriguez, apprentice barber, arrived from Puerto Rico. Sept: Officer Holly arrested Rodriguez: carrying a razor; charges dismissed. Oct 16: 2 officers, in civilian clothes, put Rodriguez in car, beat him, threw him out of car; later came to barber shop in uniform, attacked Rodriguez. Oct 16-26: Rodriguez in hospital. Nov 5: 2 officers suspended pending police investigation. Grand jury refused to indict officers, dismissed complaint. Comp alleges 2 policemen approached 2 witnesses to beating of Comp, seeking to coerce them; 1 witness intimidated. Grand jury returned "no bill" against officers a 2d time. NYC Police Rev Bd conducted h'g: officers permanently suspended from force. [Holly later shot patron in bar; arrested: assault with deadly weapon.] New chief asst DA hired. 1966: &1,000,000 damage suit filed; pending.
Richard Marlow, Esq, 50 Broad St, NYC.
(Brooklyn Grand Jury) Jy 15, 1965: White policeman shot Negro, Nelson Erby, 5 times; Erby died. Policeman claimed Erby resisted arrest, attacked him with a knife, took his gun and shot him; other witnesses claimed Erby unarmed, policeman shot himself in scuffle. Grand jury found Def acted in self defense, refused to return indictment. Aug 30, 1965: CORE filed amicus curiae brief with Kings Co Sup Ct: (1) Erby did not commit disorderly conduct, so arrest unjustified; (2) Erby had right to resist unlawful arrest; (3) grand jury's report not supported by weight of evidence. Pending.
George Schiffer, Esq, CORE, 38 Park Row, NYC.
||Sideratos v City of New York
(NY Co Sup Ct, #20334/1965) 1965: Bottle of pills found in Pl's possession; arrested. Police, after learning pills contained no narcotics, failed to notify ct, allowed prisoner to remain in prison 21 days in lieu of &25 bail. Oct 11, 1965: Pl sued city for false arrest, malicious prosecution, false imprisonment. Pl moved for trial preference on grounds that Pl is indigent and receiving public assistance. Pending.
Robert Polstein, 10 E 40th St, NYC, 10016.
||Williams v Badge #21349
(Manhattan Sup Ct, #5376-1966) Feb 21, 1966: Pl-Negro woman forced to disrobe in Harlem restaurant by 2 police officers who said they were looking for female inpersonators. Apr 5: Pl sued officers and city for &300,000 in damages. Pl moved to order Police Dept to furnish her with names of officers who examined her and who were transferred out of Harlem. Pending.
Raymon Rubin, Esq, 291 Broadway, NYC.
||Locust Club of Rochester v Police Advisory Board of Rochester
(Monroe Co Sup Ct) 1966: Pl-club, representing city police, sued to test Def's authority. Ct granted Pl's motion for summary judgment, held Bd's power limited by state law and city ordinances. Appeal pending.
Benjamin Phelesoff, Esq, Reynolds Arcade Bldg, Rochester, NY.
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||New York v La Palmer
(Manhattan Crim Ct, #C2713, A2202/1966) Def arrested. May 5, 1966: tried; acquitted. Def filed claim against NYC for brutality, false arrest. Pending.
Paul G Chevigny, Esq, 156 Fifth Ave, NYC, for NYCLU.
||New York v Robert Nichols
(NY Co Sup Ct) Nov 7, 1965: Def Negro arrested after altercation with white bar owner; at station, Patrolman Rice struck Def with blackjack; Def hospitalized. Def charged with criminally possessing loaded weapon, assault, aiming and discharging loaded pistol at Patrolman Rivera, and escaping from hospital. Dec 19: Def captured, imprisoned pending trial. May 9, 1966: Before trial, witness told DA story told by 2 patrolmen not true; DA told Def's atty; trial cancelled; Def pleaded guilty to charge of escaping. Je 23: Ct placed Def on probation. Police Dept transferred 2 patrolmen, prepared charges against them.
William Leibovitz, Esq, Legal Aid Society, 100 Center St, NYC.
||Press v Leary
(SD NY, #2403) 1965-6: numerous arrests for passing out political and non-commercial literature in NYC; violations: Admin Code §755(2); Art II, §6 Rules & Regs NYC Dept Parks; Health Code §153.17; cases either dismissed or convictions reversed. Apr 19, 1967: Pl distributed consumer leaflet; arrested (Admin §755(2)). Apr 22: Pl distributed consumer leaflet; arrested (Admin §755(2)). May 5: Crim Ct in both cases dismissed charges. Je 27: class suit filed to declare above codes and regs unconstitutional to extent they prohibit Pls from distributing non-commercial literature on NYC streets; to enjoin police interference with such distribution. Pending.
Alan H Levine, Paul Chevigny, Esqs, NYCLU, 156 Fifth Ave, NYC.
||Marinelli v New York City
(Kings Co Sup Ct) Pl sued for damages: arrested after trying to help brother, apprehended in street fight; beaten at station house, skull fractured. Je 15, 1967: jury awarded Pl &145,000. Def moved to set aside verdict. Pending.
Harvey Weitz, Esq, 217 Broadway #600, NYC 10007.
||Johnson v New York City
(New York Co Sup Ct) Sept 14, 1966: 15-yr-old Negro Pl walked along street with suitcase on errand for mother; police picked up Pl without a warrant, took him to precinct station; arrested, imprisoned, handcuffed. Later transferred him to Bellevue Hospital, Psychiatric Div; released at midnight after 4 hours detention and no charges filed. Nov: suit filed charging false arrest (NY C of Crim Proc §177), assault, failure to notify parents (NY Family Ct Act §724), seeking &250,000 damages for Pl, &5,000 for Pl's father. Pending.
Nathan Dambroff, Esq, 225 Broadway, NYC, 10007.
||Burmeister v New York City Police Dept
(SD NY, #67 Civ 2148) Nov 6, 1966: 86 youths arrested at private party; disorderly conduct (§722), gathering for purpose of using narcotics (§1533). Nov 7: Crim Ct dismissed charges. Feb 12, 1967: 25 persons arrested in apt; §1533; 20 released after 12 hrs detention. Mar 7: 15 persons arrested; §1533; dismissed. Numerous similar searches, arrests, dismissals on motion of prosecutor. Je 6: Pls filed class suit to have 3-judge ct enjoin unlawful searches, arrests, and to have Penal Law §1533 declared unconstitutional on its face and as applied to Pls and persons similarly situated. Pending.
Paul G Chevigny, Esq, NYCLU, 156 Fifth Ave, NYC; John Mage, Esq, 225 W 86th St, NYC.
||Evans v Jones, Co of Durham
(MD NC, #C-195-D-64) Pl, Negro, allegedly seized, threatened, beaten by deputy sheriffs because he had looked at white woman (wife of deputy); not arrested. Nov 12, 1964: Suit filed against county, sheriff, deputies for damages for deprivation of civil rights under 42 USC §§1983, 1985, 1988: common law tort action under ct's "pendent jurisdiction" against deputies individually. Pl alleges he had committed no crime and no reasonable grounds to suppose he had; Defs conspired to deprive him of civil rights solely because of race. Oct 1965: Trial in MD NC before all-white jury; evidence demonstrated that when Pl got into Def-Sheriff's auto he was in good physical condition; that Sheriff's deputy drove to his own house and accused Def of leering at his wife; on return to Pl's house, Pl's arm was broken. Jury out 5½ hrs; found for Def on all factual issues. Appeal pending.
Michael Burt, Esq, 213½ W Main St, Durham.
||Summers v Horton
(Iredell Co) (WD NC, #549) Pl alleges Def sheriff and police officers beat him, without cause. Pl sued (28 USC §1343, 42 USC §1983), under pendent jurisdiction, seeking damages for Defs' violation of state common law duties. Feb 6, 1967: Defs filed motions to strike and to dismiss. Pending.
J Levonne Chambers, Esq, 405½ E Trade St, Charlotte, NC; Gabrielle Kirk, Michael Meltsner, Esqs, NAACP Inc Fund.
||Johnson v Crumlish
(ED Pa, #Civ 33,800) (224 FSupp 23) Oct 5, 1962: Pl subpoenaed to appear in criminal case on Yom Kippur; informed DA and Def he could not appear as he was Orthodox Jew. Warrant issued; Pl arrested; held 8 days before brought before judge who issued warrant. Pl sued for false arrest, not alleging systematic prejudice against Jews, but only denial of due process for delay in being brought before magistrate. DC held: (1) Pl need not allege or prove systematic discrimination (Monroe v Pape, 365 US 167); (2) Pl doesn't need to allege or prove any physical brutality or other action of police to show cause of action; (3) denial of due process sufficiently raised by failure to get hearing; (4) DA and Ct Clerk not immune, even if their acts are within scope of employment (369 US 350), provided they are under color of state law. Pending.
Albert B Soffian, Esq, 1518 Walnut St; Albert Dragon, Esq, 1110 Liberty Trust Bldg, both of Philadelphia.
||Harrington v Tate
(Philadelphia Com Pleas Ct No 9, #6330) 1965: Pl police officers sued to enjoin Philadelphia Police Advisory Bd from functioning in alleged review board capacity with hearings. Issue: whether Mayor was empowered under Home Rule Charter, §§3-917, 5-200, to establish Police Advisory Bd to make recommendations as to discipline of police officers. Earlier case: Conway v Philadelphia, Phila Com Pleas Ct No 8, Dec Term, 1959, #367. Mar 1967: Ct held Bd illegal, "menace to law enforcement." Apr 2: city solicitor announced planned appeal.
Amicus brief for Phila Fellowship Commn, ACLU, Presbyterian Interracial Council, Phila Urban League, and Episcopal Diocese of Pa, by Peter Hearn, Esq, Fidelity-Phila Trust Bldg; Murray H Shusterman, 7th Fl, 1401 Walnut St; Jerome J Shestack, 1719 Packard Bldg; all of Philadelphia.
||Gomez v Texas
(USSC, #327 Misc OT '65) (389 SW2d 308, cd 386 US 937) Def, Mexican-American, convicted: 30 yrs. Def filed petition for writ of habeas corpus: (1) ct-appointed counsel incompetent; known user of narcotics;- 84 -
cotics; (2) search warrant improperly issued; (3) no hearing on whether confession voluntary; (4) prior conviction read to jury; (5) charge to jury required finding of guilty regardless of evidence; (6) search warrant described Def as "an unknown Latin American"; to describe solely by race is violation of 14th Amdt. Tex Ct of Crim App denied habeas petition. Feb 20, 1967: USSC denied cert.
Maury Maverick, Jr, Esq, Calvert Bldg, 535 S Main St, San Antonio, Texas 78204.
||Texas Council of Churches v Allee
(SD Tex, Brownsville Div) May 26, 1967: Pls, minister observer for Council and wife, took pictures of Def Rangers after arrests of farm union pickets; arrested: unlawful assembly, later changed to secondary picketing. Je: class suit brought to enjoin Rangers from interfering with Pls' rights of free speech, assembly and travel in area of union organizing. Pending.
Neal King, Esq, Box 32, Mission, Texas 78572.
||Franklin v Policemen
(SD Tex) Pl Negroes arrested in connection with police attack on Negro dormitory at Texas Southern University and death of policeman. Pls sued for damages for illegal arrest and detention. Aug 27, 1967: Depositions taken.
And see 304.Tex.4a
||Texas v Franklin, Nichols
(Houston Dist Ct, ##126330, 126331, 126332) May 17, 1967: disturbance on Texas Southern campus; policeman killed; police assaulted student dormitory; Defs arrested: murder, assault to murder. Jy: 2 Defs under indictment fired from OEO jobs. Pending.
William Wood, Jr, Esq, South Coast Bldg, Houston, Texas; Matthew J Perry, Esq, 1107½ Washington, Columbia, SC; Weldon Berry, Esq, 618 Prairie Ave, Ned Wade, Esq, 201 Main St, 841 Bettes Bldg, both of Houston; Raymond A. Brown, 26 Journal Sq, Jersey City, NJ; Robert L Carter, Barbara A Morris, Esqs, NAACP, 1790 Broadway, NYC 10019.
||Thomas v McCain
(WD Va, #591) June 24, 1963: Pl-Negro demonstrator testified in Corporation Ct that Def-Danville police chief and policeman beat her in parking lot between jail and municipal bldg, broke her nose. Jy 5, 1963: Pl sued for damages. Pending.
Ruth L Harvey, Esq, 453 S Main St, Danville, Va.
||Thornton v Bookman
(ED Wisc, #64-C-53) Jan 6, 1964: Gas station attendant murdered. Pl taken into custody of Defs-city detectives while at his place of work, questioned, not allowed to use telephone, not brought before magistrate, not advised of right to counsel or to remain silent, given 2 lie detector tests, transported from Kenosha to Madison and back, placed in cold cell without a bed overnight. After 25 hrs, Defs released Pl. Feb 20: Pl sued under 28 USC §§1331, 1333, 42 USC §§1983, 1988. Pending.
Sidney Podell, Esq, 606 W Wisconsin Ave, Milwaukee.