304. Suits for False Arrest, Police Practices, Police Review Bd. (and 151, 301, 302, 303, 305, 353, 411, 429, 454, 557, 580, 590)
And see Ballard,
61.53; Free Press,
64.20, 64.20a; Mason,
Chart of successful and unsuccessful false arrest suits under 42 USC §1983. 3 Civil Rights Handbook 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, Publications, Box 673, Berkeley 94701) ($2.)
Report: Law Enforcement: The matter of redress. ACLU of S Calif, Institute of Modern Legal Thought, Inc, 323 W 5th, LA 90013. 80 pp. MCLL.
- 72 -
||Houser v Hill
(MD Ala, #2564-N) (278 FSupp 920) 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 counter-claimed, joining SNCC, Rap Brown, Autauga Co Voters Assn, others to dismiss complaint, to enjoin organization from advocating violence, employing weapons, parading in night or without notifying police. Jan 16, 1968: DC filed memo and order finding fault on both sides, enjoining Defs from: (1) inflicting summary punishment on Negroes, (2) unlawful interference with Negro assemblies, (3) failing to protect Pls while they exercise constitutional rights, (4) arresting Negroes on pretense and subterfuge, (5) allowing hostile white groups to threaten or assault Negro groups; and enjoining Pls from: (1) sponsoring meetings to be addressed by advocates of violence, (2) using violent means to protest and demonstrate. Pending.
Solomon S Seay, Jr, Esq, 34 N Perry St, Montgomery.
Complaint, counterclaim, court memo and order: MCLL.
And see Prattsville, Ala v Carmichael, 54.17, 13 DOCKET 18.
||Devine v Wood
(MD Ala) (286 FSupp 920) Je 21-22, 1967: Pls-Negroes arrested at meeting where S Carmichael advocated Black Power: unlawful assembly. Je 21, 1968: Pls filed class action to enjoin Def law enforcement officers from prosecuting: unlawful assembly statute violates 1st Amdt (vague), 14th Amdt (overbroad). DC denied: (1) men of common intelligence need not guess at meaning, (2) state has compelling interest in preserving peace, order; statute proscribes only activities having unlawful purpose.
||Arizona Civil Liberties Union v Garmire
(DC Ariz #Civ2524) Jy 6, 1968: Def police officers allegedly searched Pls, 40 other juveniles in and about "Sanders," Pl-business establishment, in intimate, abusive, humiliating manner, warned them not to return to "Sanders," detained them at Juvenile Detention Home. No criminal charges filed. Defs announced plans to enforce specific laws selectively, allegedly to close various areas of juvenile activity. Nov 13: complaint filed: violation of constitutional rights under color of law, depriving "Sanders" of business without due process; class action to remedy damages resulting from mass arrest; jurisdiction under 42 USC §1983, FRCP 23; asked injunction against enforcement of specific Ariz statutes, harassment of patrons or persons around "Sanders," $5,000 damages for "Sanders," $5,000 each for 3 named juveniles. Pending.
S Leonard Scheff, Esq, 1535 East Boardway, Tucson, 85719.
||Trepanier v San Francisco
(SF Super Ct) (see Gallagher, 13 DOCKET 76) Jan 1966: Pl, merchant seaman, interrogated, handcuffed, allegedly beaten by two SF police officers, suffered broken jaw; hospitalized 7 days. After police dep't investigation, one officer resigned, the other, who tore up police report of incident, suspended for 90 days. Pl sued for damages. May 1969: after 7-day trial, jury held for Pl: $20,000 general damages, $4000 punitive damages.
||Marlowe v Coakley
(USSC) (404 F2d 70, cd 89 SCt 2017) 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 Def-Alameda Co DA: false arrest, malicious prosecution, knowingly using perjury to obtain indictment. Apr 11, 1967: DC granted Def's motion to dismiss: absolute immunity of DA. Nov 22, 1968: CA 9 affirmed dismissal: DA, assistants immune from civil liability for acts committed while performing an integral part of judicial process. Je 9, 1969: USSC denied cert.
Benjamin F Marlowe, Esq, 508 16th St, Oakland 94612.
||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. Parties settled for $3,000 damages to Pl before jury impanelled.
Hillel Chodos, Esq, Suite 604 Gibralter Tower, 9107 Wilshire Blvd, Beverly Hills 90210.
||MacDonald v Masick
(CA 9, #22781) (cd 386 US 127) Def arrested. Issues on appeal: (1) constitutionality of Calif Pen C §834a imposing duty not to resist unlawful arrest, (2) DA's refusal to dismiss charge on which it admitted it had no case because Def refused to stipulate to probable cause for arrest. Feb 1967: USSC denied cert: lack of jurisdiction. Def petitioned for habeas; DC denied. Nov 26, 1967: appeal in CA 9. Oct 6, 1969: oral argument; pending.
Hillel Chodos, Esq, for ACLU, 9107 Wilshire Blvd, Beverly Hills 90210.
||Moore v San Francisco
(DCA, 1st Dist, Div 2) Def-police 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; held 1½ more hours before release. Pl sued for false arrest, imprisonment. Jury found for Def-city, officers. Oct 23, 1967: Super 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. Apr 4, 1969: Amicus brief in DCA: trial ct's test of mere reasonableness to find whether state unconstitutionally infringed Pl's 8th, 14th Amdt rights not strict enough; test should be whether state can show compelling interest in infringement. Pending.
Marvin E Lewis, Esq, 690 Market St, San Francisco 94104.
Opinion (Super Ct); amicus brief (DCA): MCLL.
||Barsi v City of Pleasant Hill
(Contra Costa Super Ct, #113 890) July 26, 1968: Barsi, his wife and family, arrested: battery and obstructing a police officer. Muni ct acquitted. Apr 1969: Barsi filed suit against police dept for wrongful arrest, beating; pending.
William Hodges, Esq, 1330 Broadway, Oakland 94612.
||Stokes v Cahill
(ND Calif, #49618) Jy 15, 1968: Pl filed suit which alleged numerous instances of police harassment of Pls and other blacks, violation of their civil rights; class action under 1st, 4th, 5th, 6th, 8th, 14th Amdts, 28 USC §§1331, 1343, 2201, 2202, 42 USC §§1981-86, 1988: asked injunctive relief from: police harassment, police racist hiring policies, placing of psychologically unfit police officers in black areas, other allegedly unlawful police practices; asked actual damages of undetermined amount in excess of $10,000, punitive damages of $10,000. Pending.
Sidney Wolinsky, Esq, 1095 Market St, San Francisco 94103.
||Re Beggars Opera
Feb-Je, 1968: Beggars Opera, contemporary music group, rented mansion in Alamo, Calif; had continual, harassing attention from local dog catcher, zoning inspector, health inspector, fire inspector, and constabulary, culminating in a 90-minute, allegedly illegal search for drugs. No charges, arrests or prosecutions resulted. Matter resolved by informal ACLU contact with Co sheriff's dept.
Harry J Lohstroh, Esq, 1666 Newell Ave, Walnut Creek 94596.
||California v Boyd
(SF Muni Ct, #51017, #51017A) Dec 17, 1968: SF policeman found guilty of two counts of battery against teenagers on July 31, 1968. Jan 30, 1969: Def sentenced: 6 mths, suspended; 2 yrs probation on each count running concurrently; $700.00 fine.
Ass't Dist Atty S Guralnick, 880 Bryant, San Francisco 94103.
||Davis v Contra Costa Co
(Co Bd of Supervisors) Apr 17, 1968: During black riots in Richmond, Co Disaster Office declared emergency; Pl arrested for alleged curfew violation in El Pueblo. Jy 25: Pl and others filed claim for $500,000 damages: declaration invalid because area- 73 -
preempted by state; Pl suffered injury to reputation, financial loss in employment, mental distress. Aug 13: claim refused. Suit for false arrest filed; pending. Other claims pending.
Donald K Gayden, Esq, 2034 Blake St, Berkeley 94704.
And see Davis, 429.74.
||Terence Hallinan v Brady, Gutierrez
(San Francisco Sup Ct) May 22, 1968: Pl atty attacked by police during SF State demonstrations, see 24.Calif.34. Tried, acquitted of assault on officers. Aug 27: filed suit against officers, city and co of San Francisco. Sept 6, 1969: filed formal complaint before Bd of Police Commrs alleging assaults, perjury at trial, beating of another person, and murder of a third. March 20, 1970: awaiting trial.
Vincent Hallinan, Esq, 345 Franklin St, San Francisco 94102.
Complaint to Bd of Police Commrs: MCLL.
||Goldman v Oakland Police Dept
(ND Calif) Pls, 7 MD's, alleged interference by Def while Pls attempted to aid wounded during Oct 17 Oakland anti-draft demonstration. Pls asked TRO against further interference. DC denied; Defs advised to consult with Oakland officials.
And see Bardacke, 314.11.
||Linthcome v San Francisco, Gerald Roberts
(Super Ct, #606993) Mar 30, 1969: SF police apprehended black youth in record store after chase in suspected stolen car; youth shot and killed by policeman despite sister's pleas. Je 4: youth's mother filed $1 million claim with city; claim rejected. Aug 15: suit filed against city for $1 million; pending.
John L Brennan, Esq, 465 California St, San Francisco 94104.
||California v Williams, Farrell
(Oakland Muni Ct) Sept 12, 1968: Defs, 2 policemen, allegedly fired into Black Panthers headquarters bldg. Police chief fired Defs almost immediately, signed felony complaint against them: shooting into inhabited bldg. Sept 13: Defs arraigned. Oct 30: grand jury indicted Defs. Pending.
Lowell Jensen, District Attorney, Alameda Co Courthouse, Oakland 94612.
||Smith v Solano Co
(Solano Co Super Ct, #47038) Dec 29, 1967: Pl, lawfully present at Solano Co jail, advising juvenile member of his family who was being interrogated, arrested by Defs: disturbing the peace, resisting arrest, and investigation of battery on a police officer. Defs allegedly beat and kicked Pl, caused severe injury. Oct 8 1968: Pl sued for false arrest, false imprisonment, negligence; asked compensatory and exemplary damages; alleged Def police were agents of Co. Nov 7: Defs answer denied all allegations including agency. July 1969: Discovery in progress. Pending.
Robert K Winters, Esq, 177 East M Street, Benicia 94510.
Complaint, answer to complaint: MCLL.
||Stribling v Mailliard
(DCA, #1 Civil 26863) Nov 8, 1968: Pls filed complaint seeking injunctive and declaratory relief, in response to San Francisco Police Reg 7.11(.2) requiring off-duty policemen to carry revolvers, with 6 alleged causes of action: (1) nuisance, (2) taxpayer action to prevent waste of public funds, (3) unreasonableness of Reg, in violation of City Charter, (4) adoption of Reg in secret, without h'g, with deliberate effort to prevent public from examining Reg violative of due process clause, (5) discriminatory application resulting in threats to black people, (6) interpretation of "on duty." Jan 29, 1969: SF Super Ct sustained Defs' general demurrer without leave to amend. Feb 5: Super Ct entered order sustaining demurrer: complaint did not state cause of action, declaratory relief not necessary or appropriate; judgment entered for Defs. Je 9: Pl's appeal pending.
Sidney M Wolinsky, Michael D Nasatir, Esqs, 1095 Market St, Suite 302, San Francisco 94103.
Complaint (Super Ct); Appt's opening brief, reply brief (DCA): MCLL.
||California v Fuller
(San Francisco Muni Ct) Feb 9, 1969: White woman motorist (subsequently charged with drunk driving, driving without license) rammed Defs' parked car outside their home. Def black woman, concerned about accident liability involved, attempted to photograph motorist as she sat under arrest in patrol car. Police objected to photograph, ordered Def to leave scene; allegedly seized, shoved, handcuffed, kicked Def. Def called mother, sister: also shoved, manhandled, handcuffed. All 3 Defs placed in police van, allegedly sprayed with Mace. Though Defs handcuffed, inside police van when Mace sprayed in their faces, police claimed use of Mace in self defense only after Def Wayzel attempted to get out of van in order to kick police officer in groin. Defs charged: refusing to leave scene of accident, resisting arrest, interferring with police officer. Released, received emergency treatment for eye irritation, bruises at local hospital. Defs complained of brutality to Mayor Alioto; charges dropped at Mayor's behest. Mar 31: In 537 page report, police investigation captains found chemical Mace spraying justified.
Article: Sumner M Kalman, MD, Testimony on Mace in Calif v Camp, 28 Guild Practitioner 42.
||Pastrano v Main
(San Francisco Super Ct) Sept 9, 1968: Def, police officer, shot out of window at howling cat; bullet ricocheted, creased skull of Pl. Jan 29, 1969: Pl filed suit against Def, city, asked $100,000 general damages, $75,000 punitive damages. Pending.
Marvin E Lewis, Esq, 690 Market St, San Francisco 94104.
||Vaughs v Gain, Madigan
(Oakland) (ND Calif) Feb 13, 1969: Pl, black reporter, allegedly beaten, clubbed, prevented by police from recording during campus demonstration in Berkeley. Feb 18: Pl sued police chief, sheriff for restraining order to halt police attacks which deprived him of 1st Amdt rights of free speech, press. Pending.
||Murray v Madigan
(ND Calif), For events leading up to case, see Peoples Park, 55.Calif.32. Pls, prisoners incarcerated at Santa Rita Prison, alleged denial of counsel, bail, abuse by prison officials. May 24, 1969: sought TRO, injunction, under 42 USC §1983. Pending.
Peter Haberfeld, Esq, 197 Steiner, San Francisco 94117.
And see Ackerman, 429.63.
||Kessel v Madigan
(ND Calif, #51868) See Peoples Park, 55.Calif.32. May 1969: Berkeley residents sought TRO against sheriff, those under him, to restrain them from (1) assaulting with clubs or other means, (2) depriving Pls of counsel by intimidating them or their attys, (3) threatening physical injury. May: DC issued TRO.
Peter Haberfeld, Alan Koenig, Carol Silver, Don Kates, Jr, Esqs, 2229 Fourth St, Berkeley 94710.
Complaint in companion case, Kessel v Reagan: MCLL.
And see Halvonik, 55.Calif.32b.
||Aday v Andrews
(CD Calif) Mar 1961: Pls' book seized by Defs as obscene, later returned (see 10 DOCKET 7, 136; 52.33). Pls sued alleging deprivation of property without due process, financial losses due to- 74 -
confiscation, including damage to books, asked $1 million damages. Nov 1967: DC ruled for Defs, police acted "in good faith and without malice."
||Wilma Anderson v Los Angeles
(LA Super Ct, #944 273) Dec 9, 1968: Pl, 15 year old girl, brought suit against LA Police Dept for false imprisonment, battery, after arrest during demonstration at high school. Pending.
Elsa Kievets, Esq, 9033 Wilshire, Beverly Hills 90211.
||Konell v Los Angeles Chief of Police
(CD Calif) Je 23, 1967: Pls dispersed by police from demonstration in Century City. Aug 31, 1967: suit filed under 42 USC §1983: LA Police Chief's order to disperse arbitary and infringed on Pls' constitutional rights of free speech and assembly. 1969: suit dismissed.
A L Wirin, Fred Okrand, Laurence R Sperber, Esqs, ACLU, 323 W 5th St, Los Angeles 90013.
||Bass v City of Los Angeles
(LA Super Ct, #WE C 14031) Je 23, 1967: Pls allegedly injured in violent dispersal of 15,000 peace marchers by police in Century City. Apr 30, 1968: filed suit for damages challenging standards by which police can declare assembly unlawful and disperse marchers. Oct 1969: awaiting trial.
A L Wirin, Fred Okrand, Laurence Sperber, Esqs, 323 W 5th St, 90013; Charles Hackler, Esq, 1621 W 9th St, 90015; both of Los Angeles.
||Delso v San Diego
(San Diego Super Ct, #303765) Pls beaten by police officer after high speed chase in stolen car; filed suit for assault, battery. Dep't disciplined officer; he resigned from force. Case settled for nominal damages—$900.
Louis Katz, Esq, 1540 6th Ave, San Diego 92101; Mary Harvey, Esq, San Diego Savings and Trust Bldg, San Diego 92101.
||Figueroa v Krupp
(CA 9, #23931) Oct 21, 1967: Pl, Mexican-American active in civil rights, alleged he was in bowling alley beyond Blythe city limits when he was verbally abused and beaten by 2 off-duty Blythe police officers in plainclothes, then by 3 on-duty officers in area summoned to protect him, who arrested, imprisoned, booked Pl; no further criminal proceedings. Other police officers and officials would not let Pl sign criminal complaint against attackers, accept them as prisoners after Pl's attempted citizen's arrest or take disciplinary action; misinformed Pl about the law to prevent him pressing his demands. Oct 27: Pl released. Apr 22, 1968: Pl filed complaint against officers, City, DA, members of staff, Riverside Co: claimed federal jurisdiction under 14th Amdt, 28 USC §1343, 42 USC §§1981, 1983, 1985-1989; pleaded assault, derogation of duties, bad faith, conspiracy, violation of civil rights, false imprisonment; asked ct order of prosecutorial action against officers, and damages: $5,000 actual, $100,000 punitive. Dec 10: DC (CD Calif) granted Def's motion to dismiss. Je 3, 1969: appeal to CA 9.
Don B Kates, Jr, Esq, Don Juneau, Esq, California Rural Legal Assistance, 22 Martin St, Gilroy, Calif 95020.
Complaint; Appt's opening brief (CA 9): MCLL.
And see Figueroa v Mackey, 13 DOCKET 76.
||Floyd v Los Angeles
(Los Angeles Super Ct, #938952) Je-Oct, 1967: Pls, 2 black community leaders, sought Manual Arts High School administration and curriculum changes by conferences with black leaders and public school administrators, leaflet circulation, lawful picketing and demonstrations. Oct. 24: Def police officers arrested Pls during picketing: loitering near public school (which requires sex offender registration on conviction). Pls allege Defs knew the charge false, but intended arrests to disrupt picketing, intimidate other picketers, and stigmatize Pls as sex offenders. Sept 6, 1968: Pls filed complaint: false arrest and imprisonment, abuse of process, assault and battery; asked $1,005,977.75 compensatory, $1,000,000.00 punitive and exemplary damages, expungement of police records, photographs, fingerprints made during arrest process. Oct 14: Ct granted Pls' motion that each of 2 Pls put up only $100 for ct costs instead of $100 for each of 5 Defs (totalling $500 per Pl). Pending.
Adley Shulman, Esq, 9250 Wilshire Blvd, Beverly Hills 90212.
Complaint; motion to fix undertaking requirement at $200, memo of points and authorities: MCLL.
||Hayes v McCree
(Los Angeles) May 5, 1967: Defs, 2 police officers, stopped Pl's husband, shot him 4 times as he attempted to resist. Coroners' jury ruled justifiable homicide. 1968: Pl widow filed damage suit asking $1.25 million from officers, $1.25 million from Los Angeles, based on witnesses ready to contradict officers' testimony at inquest. Pending.
Henry William Sands, Esq, for ACLU, 3756 Santa Rosalia Dr, Los Angeles 90008.
||Jimmie Rodgers v Los Angeles
(LA Co Super Ct) Dec 1, 1967: Pl-singer driver stopped by offduty policeman, who summoned aid but made no arrest; Pl alleged 2 other officers falsely reported Pl "gone on arrival." Friend found Pl lying in his car, took Pl home. Dec 2, 1967: Pl hospitalized for serious head injuries. Jan 4, 1968: 3 officers suspended for 15 days: (1) failure to make arrest after detaining Pl for erratic driving, (2) deliberate falsification of records. Mar 6: Pl filed suit for assault and battery. Apr 9: 3 officers and police organization sued Pl for slander. Pending.
Daniel A Lipsig, Esq, 5967 W 3rd St, Los Angeles 90036.
||California v Overfield
(Los Angeles Muni Ct) Oct 30, 1967: Def arrestee, singled out of crowd of 250 when he slapped hand against unmarked police car, charged: failure to disperse. Jan 1968: Def filed complaint claiming $7500 personal damages. Two charges of resisting police officer added. Def claimed belated addition of resisting charges made only because Def pressed malpractice claim. Mar 19: damage claim denied by city council. Mar 23: one resisting charge dismissed: charge failed to name "victimized" police officer. Def acquitted on remaining 2 counts.
Ervin M Roeder, Esq, 8732 W Sunset Blvd, Los Angeles 90069; Laurence R Sperber, Esq, for ACLU, 323 W 5th St, Los Angeles 90013.
||California v Martinez
(Los Angeles Muni Ct) Dec 31, 1967: Defs, 2 brothers, arrested after report of jewelry store burglary. Def Robert (age 16) charged: assaulting police officer, battery. Mar 26: charges dismissed. Def Max charged: burglary, battery on police officer, resisting arrest, charges added. Defs' atty alleged this is frequent practice to "explain" bruises an arrestee might show. Ct dismissed burglary charge, found Def guilty of disturbing the peace.
Charles Hamel, Esq, for ACLU, 323 W 5th St, Los Angeles 90013.
||Roygene Robinson v Los Angeles Police Dept
(CD Calif, #68-1763R) 1968: 20 black Pls alleged 18 incidents of racial, political, or sexual abuse by police: unreasonable searches, questioning, beatings, mostly at gunpoint; no arrests or charges, trivial charges, or charges later dropped; no trials or convictions. Jy 27: Pl dragged from political rally, beaten, kneed thrice in groin. Aug 12: Pl shot at from direction of 6 officers on police station steps, who verbally abused Pl racially, refused to- 75 -
call ambulance, doctor; Pl died at station. Aug 14: officers forced 1 Pl at gunpoint to say (falsely) he was Black Panther. Sept 5: 2 officers pinioned female Pl, causing her breasts to be exposed, called her "whore." Oct 12: 2 Pls beaten, repeatedly taunted sexually and asked if they were Black Panthers. Dec 10: 1st amended complaint filed against 32 Defs: class action based on 1st, 4th, 5th, 6th, 8th, 13th, and 14 Amendments; 28 USC §§1331, 1343; 42 USC §§1981, 1983, 1985, 1986, 1988; alleged systematic harassment under color of law; asked injunctions against, and for open hearings on, misconduct, and ordering removal from black ghettos of officers psychologically unfit to serve there; asked damages. Dec: Defs moved to dismiss, Pls filed memo in opposition. Jan 6, 1969: DC dismissed Pls' petition for open h'gs re police misconduct complaints. Oct 13: h'g on motion to dismiss; pending.
Charles E Jones, Gary Bellow, Stanley W Levy, Ralph M Segura, Michael Henry Shapiro, Esqs, % Western Center on Law and Poverty, USC Law Center, University Park, Los Angeles 90007; A L Wirin, Fred Okrand, Laurence Sperber, Esqs, % ACLU, 323 W 5th St, Los Angeles 90013; Edward I Halpern, Esq, % Los Angeles Neighborhood Legal Services Society, 1711 Pacific Ave, Venice 90291; Frank A Evans, Jr, Esq, 4306 Crenshaw Blvd, Los Angeles, 90008.
First amended complaint; memo in opposition to Def's motion to dismiss: MCLL.
||California v O'Brien
(San Francisco Super Ct) Nov 1968: Def-policeman shot and killed black man in melee arising from traffic accident. Facts in dispute, but Def did not identify himself as police officer. Def tried, acquitted of voluntary manslaughter, but fired from force for unofficerlike conduct. May 28, 1969: sued for reinstatement. Pending.
||Baskett v O'Brien
(San Francisco Super Ct) March 1969: Widow of victim in 304.Calif.79 and others filed suits totalling $5,250,000 claiming negligence and wrongful death against O'Brien and two other officers involved in shooting; charged city with negligence for allowing Def to carry gun when he might get drunk, knowing him to be a racist with a violent temper. Pending.
Marvin Lewis, Esq, 690 Market St, San Francisco 94105.
||Taliaferro v Cahill
(DCA 1, #25698) Sept 7, 1967: NAACP filed complaint alleging San Francisco Police Dept planning to expend public funds on police dogs, cattle prods, in violation of due process. Cattle prod issue dropped when police denied they were going to purchase them. Police dogs alleged to lack capability to exercise judgment required by law re arrest and necessary force. Dec 18: Super Ct sustained demurrer, dismissed suit. Feb 5, 1968: Comp filed notice of appeal. DCA 1 dismissed appeal as moot, expenditures already made.
Garfield W Steward, Esq, 2006 Sutter St, San Francisco 94115.
Clerk's transcript on appeal, appt's opening brief, motion to dismiss appeal: MCLL.
||Harris v Lee
(DC Conn) Mar 12, 1968: Pls filed class action to enjoin Defs, Mayor, Chief of Police, Bd of Police Commrs, and newspaper publisher, from systematic intimidation of Negroes by beating and humiliation, discriminatory application of laws, malicious prosecution, furnishing newspapers with "misleading, inflammatary and highly prejudicial" statements: such activity allegedly intensified after Aug, 1967 riots. Mar 27, Apr 5: motions to dismiss. May 27: case dismissed as to Def newspaper. Pending.
Catherine G Roraback, Esq, 185 Church St, New Haven 06510; Samuel Gruber, Esq, 218 Bedford St, Stamford 06902.
Complaint, ruling on motion to dismiss: MCLL.
And see Rioters, 429.21, 13 DOCKET 131.
||Connecticut v Smolen
(USSC) (231 A2d 283; 232 A2d 339; cd 389 US 1044) Dec 17, 1966: 2 Conn State Troopers maintained roadblock checking for defective auto equipment, registration, license. Def failed to stop at Trooper's request, refused to back up car, failed to produce auto registration. Trooper cited Def: failure to obey officer, failure to carry registration. Jan 16, 1967: 12th Cir Ct judge convicted Def: $1 for failure to carry registration, $15 for failure to obey orders. May 29: Cit Ct, App Div affirmed: (1) driving is privilege subject to reasonable restrictions; (2) stopping of Def's car does not constitute arrest; (3) roadblock stopping for purpose of checking defects, registration, license is valid exercise of police power where, as here, in good faith; (3) Troopers did not violate Def's right of privacy by systematic check. Jy 20: Conn Sup Ct denied Def's petition for certification. Jan 15, 1968: USSC denied cert.
Karl Fleischman, Esq, 111 Lafayette St, Hartford, Conn 06106.
Petition for cert: MCLL.
||Fletcher v Peterson
(CA 3) Apr 9, 1968: Gov Terry proclaimed state of emergency in Wilmington, called out Nat'l Guard to patrol black area. Jan 20, 1969: Pls, black residents, filed class suit in DC (Del): (1) to declare Del emergency law unconstitutional (violates 1st, 4th, 5th, 6th, 13th, 14th, 15th Amdts), (2) to invalidate arrests during and after Apr civil disturbances, (3) preliminary injunction to halt prosecution of such cases until suit is settled, (4) injunction to restrain Defs, Nat'l Guard, Del State Police, Wilmington police from conspiring to deprive Pls of constitutional rights. Jan 21: newly-elected Gov Peterson withdrew Nat'l Guard. DC, Latchum, J, ordered 3-judge ct convened. CA 3, Hastie, CJ, reversed: moot.
Ernest S Wilson, Esq, Farmer's Bank Bldg, Wilmington 19801; Robert F Van Lierop, Esq, 211 E 21st, NYC 10010; Dennis J Roberts, Esq, 2768 Shasta Rd, Berkeley, Calif 94708.
||McPherson v Boutwell and Tamiami Trail Tours
(CA 5) (383 F2d 527) Pl, Jamaican Negro student, alleged he was beaten on bus, sued city, company for assault and battery damages. DC held for Defs. Jy 6, 1967: CA 5 reversed, remanded for entry of judgment on issue of liability: bus driver failed to exercise reasonable degree of care for passenger when he failed to inform Negro passenger of reason for wanting him to move to rear of bus.
Donald Hollowell, Esq, 2840 Dale Creek Dr, Atlanta 30318; Howard Moore, Esq, 75 Piedmont Ave NE, Suite 1154, Atlanta 30303.
||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. 1968: By agreement, City rejoined as party Def and police officers dismissed. Judgment against City entered for agreed amount.
Herbert Fisher, Esq, 69 W Washington St, Chicago 60602.
||Kerr v Chicago
(CA 7, #17345) June 19, 1963: 5:30 am: Def police came to house of Pl, 17 yr old black, without warrant, told Pl's father they wanted to question Pl in routine investigation though they didn't think he had committed any crime; Defs took Pl to police station, questioned him about fire and burglary; Pl alleged when he said he knew nothing, he was beaten, forced to submit to lie detector test without parents' consent, not allowed to eat, use washroom, or see parents, although he asked to do so, and Pl's mother was at 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 to nolle prosequi entered. Sept 1966: Pl sued city, police officers- 76 -
for $100,000 general and $500,000 punitive damages. At trial DC refused instructions to jury offered by Pl, instructed with reading of (1) 42 USC §1983, (2) Ill statute requiring that person taken into custody be taken before magistrate without delay. Sept 27, 1968: Jury returned verdict for Defs. Mar 11, 1970: CA 7 affirmed in part: claim against City should be heard in state under Ill Rev Stat, chap 24 §1-4-5, Ill Rev Stat chap 85 §2-302; reversed, remanded in part: (1) DC improperly struck allegations concerning Pl's arrest, "the totality of all the circumstances" leading to confession, (2) DC improperly refused instructions offered by Pl relating to effect of relevant statutes, (3) atty's fees expended in criminal action are recoverable in civil rights action, even when expended by minor's parents in his behalf.
Elmer Gertz, Esq, 120 So LaSalle St, Chicago 60603.
Opinion (CA 7): MCLL.
||Ries v Daley
(ND Ill, #68C 2202) Aug 28, 1968: Pl cleryman beaten by police as he tried to wave crowd out of Chicago's Lincoln Park following police orders to disperse during 1968 Demo Convention. Nov 18: complaint filed pleading deprivation of civil rights, police brutality; jurisdiction under 28 USC §§1331(a), 1332, 1343, 42 USC §§1983, 1986; 1st, 4th, 5th, 14th Amdts. Pending.
Charles Pressman, David Long, Phillip W Moore, Esqs, Illinois ACLU; Jay Miller, Exec Dir, Illinois ACLU, 6 South Clark Street, Chicago 60603.
Complaint, amended complaint: MCLL.
||Peck v Daley
(ND Ill, #69-C-1794) Pl, representative of Nat'l Mobilization Comm to End the War in Vietnam, alleged he was assaulted, battered by Defs during 1968 Chicago Democratic convention; alleged Defs negligent in not first determining that Pl's conduct was not violent or unlawful before assaulting him, in permitting unreasonable and unnecessary use of dangerous instruments designed to inflict physical injury. Sought $100,000 actual, $100,000 punitive damages. DC held City not sueable under 42 USC §1983. Pl took nonsuit.
Herbert H Fisher, Esq, 69 W Washington St, Chicago 60602.
Complaint: brief in answer to Def-City's motion to dismiss; Def-City's reply memo: MCLL.
||Schnell v Chicago
(CA 7, #17147) (407 F2d 1084) Aug 28, 1968: newspapermen filed class action under 42 USC §1983 for injunction to prevent Chicago police from continuing forcibly to restrain them from reporting, photographing news events during Nat'l Democratic Convention in Chicago, confiscating film, beating reporters. DC dismissed on own motion: lack of jurisdiction, failure to state claim. Mar 17, 1969: CA 7 reversed and remanded: proper §1983 action, police proper parties, unknown police officers proper parties where no damages asked, Pls are proper under FRCP §23(a). Aug 29: DC dismissed suit; CA 7 granted TRO same day pending appeal. CA 7 reversed dismissal, remanded for trial. Pls then stipulated with Defs to dismiss without prejudice.
Edwin A Rothschild, Esq, 69 W Washington St, Chicago 60602; Willard J Lassers, Esq, 11 S LaSalle St, Chicago 60603; Stanley A Bass, Esq, 116 S Michigan Ave, Chicago 60603; David C Long, Esq, 6 S Clark St, Chicago 60603.
Complaint (ND Ill), Appts' brief (CA 7): MCLL.
||Joseph v Rowlen
(CA 7, #16650) Sept 5, 1963: Pl-salesman approached passersby on downtown street, attempted to make appointments for sales demonstration. Arrested, detained 2 hrs without warrant or probable cause: soliciting from house to house. Charge later dismissed. Pl sued police officer under 42 USC §1983 for depriving Pl of liberty without due process while acting under color of state law; DC directed verdict for Def: no flagrant violation or brutality. Oct 14, 1968: CA 7 reversed: arrest made without warrant or probable cause imposes liability on officer recoverable in fed'l ct; showing of flagrancy, malevolence not required.
Elmer Gertz, Esq, 120 S LaSalle St, Chicago 60603.
Opinion (CA 7): MCLL.
||Tyson v Cazes
(CA 5) (363 F2d 742, 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 dimissed for lack of evidence. Pl sued owner, mgr, 5 arresting officers for damages under 1964 Civil Rights Act, 42 USCA §2000a: conspiracy to deny civil rights and denial thereof, false arrest, malicious prosecution. Feb 26, 1965: DC dismissed: notwithstanding local ordinance forbidding service of alcohol to blacks and whites on same premises, §202 of Civil Rights Act does not require injunctive relief. Jy 25, 1966: CA 5 reversed, but since Def's action based solely on ordinance since repealed, action for injunction now moot.
Murphy Bell, Esq, 971 S 13th St, Baton Rouge 70802.
||Maryland v Mason
(Salisbury) May 18, 1968: Def detective killed black deaf-and-dumb burglary arrestee at police headquarters. Three hours of looting, windowbreaking, and fires followed. Disturbance quelled by several hundred state troopers using dogs and tear gas; 6 arrests. May 19: Gov Agnew proclaimed state of emergency, alerted Nat'l Guard. May 19: Def charged: manslaughter; $1500 bond. Pending.
Alfred T Truitt, Jr, Esq, State Atty, Salisbury, Md.
||Delude v Koch
(Genesee Cir Ct, #11722) Jan 25, 1967: Pl stopped by police for speeding, given ticket, arrested: breach of peace, resisting arrest. Police then beat Pl, at place of arrest and at police station; Pl taken to hospital for treatment of injuries received. Pl sued officers for $50,000. 1970: trial ct found for Pl, awarded $10,300.
A Glenn Epps, Esq, 2501 N Saginaw St, Flint 48505.
Complaint, answer, answer and demand for jury trial, Pl's voir dire questions, motion for partial summary judgment, Def's brief in support of motion, Pl's brief in opposition to motion, final pretrial conference order, motion for summary judgment, affidavit, opinion re motion for summary judgment as to Def-Oglesbee, memo in support of Def-Pickell's motion to strike, answer to Def-Pickell's motion to strike, opinion re motion for summary judgment as to Def-Pickell: MCLL.
||Michigan v August
(Cir Ct Ingham Co, #A-20515) Jy 26, 1967: during Detroit civil disorders, Def, 3 other peace officers, were in Algiers Motel annex questioning several Negroes about sniper fire from the bldg; Def took Audrey Pollard into another room alone for questioning; Pollard shot and killed. Jan 15, 1969: indictment charging Def with murder. Trial moved from Detroit because of extensive publicity. Je 2-10, 1969: at trial, defense: Def fired only after Pollard lunged for Def's shotgun; all white jury acquitted Def.
Avery Weiswasser, Assistant Wayne Co prosecutor, 500 Police Hdqtrs Bldg, Detroit.
||Blanding v US
(ED Mich, S Div, #31108) During 1967 disorders, Pls and deceased were crouched on floor of apt; lit match for cigarette; Guardsmen thought match was gunfire and started shooting into- 77 -
room, causing death of one and injuries to another. Apr 3 1968: Action filed for wrongful death and permanent injuries under 28 USC §§1346b, 2671. Pending.
George Bedrosian, William H Goodman, Esqs, 3200 Cadillac Tower, Detroit 48226.
Complaint, answer: MCLL.
||Re 5 Detroit Policemen
(Detroit Police Tr Bd) Nov 2, 1968: Negro youth attended church dance at same public bldg in which policemen were having off-duty beer bust. Policemen allegedly attacked, beat several Negro youth. Nov 15: arrest warrants issued against 2 policemen; 9 suspended. Mar 7: 5 policemen brought before Police Tr Bd: 1 fired; 2 demoted; 1 ordered to forfeit $5,000; 1 acquitted.
||Rosario v Detroit Police Dep't
(Mich Civil Rights Commn) Jy 1967: Comp, Negro gas station owner, alleged police assaulted and verbally abused him because of his race. Nov 1968: H'g commrs recommended that Commn: (1) find discrimination proven, (2) order Resp to cease and desist from unlawful acts, (3) require Resp to reimburse Comp and take disciplinary action. Pending.
||Leverette v Gilmore
(Genessee Co Cir Ct, #13149) Nov 15, 1966: 8 police officers demanded entry to Pl's apartment, rushed in when Pl opened door, searched Pl, apartment: no warrant. After 10 minutes, police apologized, left. Pl sued for invasion of privacy without due process. Settled: $1500.
A Glen Epps, Esq, 1200 N Saginaw St, Flint, Mich 48505.
Pl's complaint: MCLL.
||Intl Bhd of Elec Workers v City of Jackson
(SD Miss #3663-J-M) 1964: Organizers of Pl-Union distributed handbills at Zinsco Elec Prod Co; arrested for noncompliance with ordinance requiring permit for distribution of handbills. May, 1964: Pls attempted to organize Universal Mfg Corp; threats to organizers of injury, death if they did not leave town in 12 hours; attempts to get police protection failed; police stopped distribution of leaflets. Pls sued city, county and state officials: damages, injunction: violations of constitutional rights, Civil Rights Acts. Aug 17, 1967: DC declared ordinance unconstitutional; enjoined its enforcement; vacated criminal charges against Pls.
Dixon Piles, Esq, 507 E Pearl St, Jackson 39201; Sherman, Dunn, and Sickles, Esqs, 1200 15th St NW, Washington, DC 20005.
||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. Apr 18: Defs filed motion to dismiss. Je 30, 1967: DC denied motion. Mar 31, 1969: Defs served interrogatories on each Pl; Pls not answering were dismissed. Je 9-10: trial of liability issue, verdict for Defs. Motions for judgment nothwithstanding the verdict and new trial pending.
Richard E Tuttle, John H Doyle, III, Denison Ray, Esqs, 233 N Farish St, Jackson 39201, Lawyers' Comm on Civil Rights Under Law.
And see cases at 411.
||Roberts v Williams
(SD Miss #GC6635K) Pl, black 14 year old boy, tried in city ct without counsel or prior youth ct h'g; sentenced: 90 days in Leflore Co Farm. While serving sentence, guard shot Pl in face for not responding to order; blinded for life. Je 27, 1967: Pl sued Trustee of Farm, others for $1,000,000. Jy 30, 1969: Pl awarded $85,000 damages.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Jackson v Martin
(ND Miss) (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). Dec 19: DC denied Def's motion to dismiss: Pl's guilty plea does not bar action for use of excessive force. Feb 17, 1969: set for trial. Settled for $500.
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 39201.
Complaint, answer, amended complaint, amended answer, motion to dismiss, Def's interrogatories to Pl: MCLL.
||Allen v Boyd
(SD Miss, #CA 4106) Mar 3, 1967: 150 individual Pls filed damage suit (42 USC §1983) against Miss Highway Patrol, Claiborne Co Sheriff's Office, Alcorn A & M College: alleged conspiracy unlawfully to arrest Pls, subject them to subhuman jail facilities, inhuman treatment. DC enforced rule no discovery after 90 days after answer filed; writ of mandamus denied. Pending.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Cleveland v Martin
(ND Miss, #GC6636 S) Jy 6, 1966: Pl filed complaint: Def policeman shot him for causing disturbance in cafe. Pl alleged shooting wilful, without cause. Sept 17, 1968: dismissed.
Denison Ray, Esq, 233 N Farish St; Jack H Young, R Jess Brown, Esqs, 115½ N Farish St, both of Jackson 39201.
||Cunningham v Ingram
(ND Miss, #WC 6630-K) Jy 9, 1966: class action filed to enjoin highway patrol, Grenada city and county police: to protect Negroes exercising 1st Amdt rights; from themselves interfering with exercise of such rights. DC granted preliminary injunction, heard motions for relief from harassment, bail bond practice; to cite some Defs for contempt. Aug 12: DC granted permanent injunction and Pls' motions. Oct 31: Pls filed further motions for injunctions. Pending.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Love v Smith
(SD Miss, #4211-Civ) Defs, Holmes Co Sheriff, Constable, Tchula City Marshall, allegedly falsely arrested, imprisoned Pl, refused to protect him from assault, threats of violence. Oct 19, 1967: Pl filed civil suit. Dec 20, 1968: Pl filed motion to dismiss. DC granted, with prejudice.
William E Miller II, L Lackey Rowe, Jr, Esqs, 233 N Farish St, Jackson 39201.
||Sanders v Halbert
(SD Miss, #3949) Je 15, 1966: Pl, young Negro civil rights worker, filed damage suit (42 USC §1983) alleging illegal arrest, beating by highway patrolman and Madison Co constable. Dec 13, 1968: complaint amended: new illegal arrest, threats because of initial suit against highway patrolman. Pending.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Thompson v Fleming
(CA 5, #25599) Je 28, 1966: Pl filed complaint alleging he was beaten by Def patrolman without legal cause, pleading brutality under 42 USC §1983. DC (SD Miss) dismissed complaint. Dec- 78 -
26, 1967: Pl appealed; CA 5 affirmed, on ground of failure to prosecute.
Denison Ray, Esq, 233 North Farish St, Jackson 39201.
||Smith v Smith
(SD Miss, #CA 4206) Oct 11, 1967: class action filed to enjoin nearly all Holmes Co law enforcement officers from depriving persons' constitutional rights under color of law (42 USC ¢¢1982—3, 1985—6). Feb 18, 1969: set for trial, continued to Jackson Div ct term. Pending.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Wheeler v Lott
(ND Miss, #CA WC 6814-K) Def Grenada Co constable allegedly killed Negro man. Apr 13, 1968: damage suit filed by widow, children (42 USC §1983). Oct: case tried; hung jury. Mar 7, 1969: set for retrial. Def lost attys for failure to pay. Case continued to Oct term. Pending.
Martha M Wood, Esq, 233 N Farish St, Jackson 39201.
||Koen v Long
(ED Mo, #68C429(1)) Dec 18, 1966: Pl-Green, Negro civil rights leader, stopped by police for alleged traffic violation, charged with 12 traffic violations, resisting arrest, general peace disturbance, assaulting officer: eventually acquitted of all 15 charges. Oct 6, 1967: Pl-Green, and others, demonstrated against discriminatory "society" celebration by asking permission to enter; police arrested 3: disturbing peace. Dec 13: arresting police did not appear for trial; continued at DA's request. Jan 23, 1968: nolle prosequi entered.
Dec 8, 1967: Pl-Allen, others carried signs supporting Senator McCarthy at place where Humphrey scheduled to appear: 7 arrested, held 3 hours, given "courtesy summonses" charging disturbing peace; no warrants issued.
Dec 8: Pl-Koch, "marshall" of anti-war demonstration, attempted to identify officer who allegedly called him obscene names; arrested: failure to obey reasonable command of officer, loitering. Apr 22, 1968: nolle prosequi entered. Numerous other harassing arrests took place through Sept 1968. Suit filed asking injunction against future police harassment; claimed jurisdicition under 42 USC §1983, 28 USC §§1343(3), (4). Pending.
Samuel H. Liberman, Esq, 722 Chestnut St, St Louis 63101; Robert B Curtis, Esq, 2847 Union Blvd, St Louis 63115.
||Elson v Bowen
(Nev Sup Ct) (83 Nev 515, 436 P2d 12) 1962: FBI agents allegedly engaged in wiretapping of executive offices of Fremont Hotel in Las Vegas. Levinson, hotel sued FBI agents for invasion of privacy, violation of Nevada wiretapping statutes. State Dist Ct issued subpoenas to FBI agents to appear for depositions. Agents filed petition for writ of prohibition. Dec 20, 1967: Sup Ct denied petition, ordered agents to respond to subpoenas. Pending.
Jones and Jones, Esqs, 302 E Carson, Las Vegas 89101; Peter Taft, Esq, 839 17th NW, Washington, DC 20006; Thomas Wadden, Jr, Esq, 888 11th NW, Washington, DC 20001; Bryant Burton, Esq, 9601 Wilshire Blvd, Beverly Hills, Calif 90210.
See Fremont Hotel v Central Telephone Co, 304.Nev.1, 13 DOCKET 81.
||Adams v Hughes
(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. Jy 1969: Pretrial conference held, negotiations for settlement: Defs offered $6700, and injunction. Trial set for Dec or Jan if no settlement reached.
Frank Askin, Esq, ACLU, 45 Academy St, Newark 07102; Emerson Darnell, Esq, 219 High St, Mt Holly, NJ 08060; Solomon Golat, Esq, 786 Broad St, Newark 07102; George G Mutnick, Esq, 127 Watchung Ave, and William Wright, Jr, Esq, 201 East 5th St, Plainfield 07060; Morton Stavis, Esq, 744 Broad St, Newark 01-02; Leonard I Weinglass, Esq, 43 Bleeker St, Newark 07102.
Amicus Robert A Carter, Charles H Cottingham, Henry di Suvero, Alan McPherson, Esqs, ACLU, 45 Academy St, Newark 07102; John deJ Pemberton, Melvin Wulf, Esqs, ACLU, 156 Fifth Ave, NYC 10010; Arthur Kinoy, William Kunstler, Esqs, 588 9th Ave, NYC 10034; Robert I Carter, Esq, NAACP, 1790 Broadway, NYC 10019; Robert E Knowlton, Esq, 180 University Ave, Newark 07102; Carl Rachlin, Esq, Scholarship, Education and Defense Fund for Racial Eqaulity, 150 Nassau St, NYC 10038.
And see cases at 429.
Complaint (39 pp): MCLL.
||Oberkehr v Kauffman
(DC NJ, #794-67) Apr 15, 1967: Pls photographed in Camden by police officer while boarding bus for NYC for Spring Mobilization. Apr 19: Police photographed students picketing speech by US Army spokesman at Rutgers Univ (Camden). Jy 29: Suit filed for injunction, chilling effect on 1st Amdt rights. Nov 1968: Suit dismissed without prejudice on stipulation that police would cease practice.
Arthur Frakt, Esq, Camden Law School, Camden 08102; NJCLU, 45 Academy St, Newark 07102.
||Anderson v Sills
(NJ Super Ct, Chancery Div, Hudson Co, #C-215-68) 1969: Complaint filed alleging: instructions and forms used by police to investigate meetings, marches, protests, and their participants constitute overbroad and vague authorizations for police to investigate Pls and others; information so acquired has been publicly disseminated to intimidate and harass Pls; Defs thus invade privacy, inhibit free speech and association, deprive Pls of due process and equal protection, since those holding conventional political views are not so treated. Oct: Super Ct issued declaratory judgment, citing Dombrowski, 380 US 479, 245.16, that State Atty Genl rescind directive for investigations, destroy all information files developed under the program. State's appeal pending.
Stephen M Nagler, Frank Askin, Esqs, ACLUNJ, 45 Academy St, Newark 07102, and Morris Stern, Esq, 24 Commerce St, Newark 07102.
Melvin Wulf, Eleanor Norton, Esqs, ACLU, 156 5th Ave, NYC 10010; Arthur N D'Italia, Esq, 24 Journal Sq, Jersey City 07306; Leslie W Finch, Murial Finch, Esqs, 7 Tappan Ave, Belleville, NJ 07109.
Complaint, brief, opinion: MCLL.
- 79 -
||Black Panther Party v Police Dept of Jersey City
(Hudson Co Super Ct, #3153-68) Pl alleged Def had mounted program designed to deter, suppress its lawful activities ("declared war on Black Panther Party"): violence, threats of violence, bad faith enforcement of laws, particularly disorderly conduct statute. Pl sought injunction against racially, politically motivated police action: "chilling effect" on 1st Amdt. Ct ordered stay of bad faith criminal proceedings against member of Party; ordered briefs on propriety of other preliminary relief. Pending.
Frank Askin, Esq, ACLUNJ, 45 Academy St, Newark 07102. Wm J Bender, Edward C Broege, Arthur Kinoy, Esq, LCCR, 588 9th Ave, NYC 10034.
Seymour Goldstaub, Esq, 880 Bergen Ave, Jersey City 07306; Arthur D'Italia, Esq, 26 Journal Sq, Jersey City 07306.
Pl's brief in support of motion for preliminary injunctive relief: MCLL.
||Juan Valdez v Black
(DC NM, #7242) Chicanos organized Alianza Federale de Mercedes to urge land reform to conform to 1848 Treaty of Guadalupe Hildago guaranteeing sanctity of Spanish and Mexican land grants throughout Southwest. May 27, 1967: Pls in Alianza announced that on June 3 they would hold nat'l conference at Coyote, NM, to reorganize as "Confederation of Free City States." Je 2: Def-DA announced all Alianza members risk arrest for unlawful assembly, extortion, if they met as planned. Pls alleged they were arrested in their homes, without valid warrants: unlawful assembly. Je 5: 40-50 Alianza members apprehended, searched, interrogated, in connection with earlier incident. Defs ascertained Pls not involved, but surrounded camp with state police, nat'l guard for 25 hours: "protective custody." Pls sued, alleged Defs conspired to deprive them of freedom of speech, assembly, right to petition gov't for redress of grievances, subject them to unreasonable searches and seizures, deprive them of due process, equal protection; sought damages. Pending.
Jonathan B Sutin, Esq, 800 Simms Bldg, PO Box 1945, Albuquerque 87103.
Amended complaint: MCLL.
||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: Pl indigent, receiving public assistance. Je 12, 1968: judgment for Pl: $10,000.
Robert Polstein, 10 E 40th St, NYC 10016.
||New York 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. Jy 10: Police Commr issued order prohibiting interference with distribution of non-commercial literature; case settled.
Alan H Levine, Paul Chevigny, Esqs, NYCLU, 156 Fifth Ave, NYC 10010.
||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 DA. 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. DC denied motion for preliminary injunction. Aug 20, 1968: dismissed on consent: Police Commr issued order covering house searches under 4th Amdt.
Paul G Chevigny, Esq, NYCLU, 156 Fifth Ave, NYC 10010; John Mage, Esq, 225 W 86th St, NYC 10024.
Stipulation, order: MCLL.
||Bird v MacKenzie
(SD NY) Jan 17, 1969: Police found Pl, 19 yr old student nurse and Black Panther, in disabled vehicle after alleged sniper attack on 2 policemen. She was allegedly detained incommunicado without charges for 25 hrs, beaten, tortured, threatened with death. Jan 18: Pl charged with felonious assault, attempted murder, conspiracy to commit murder. Panther who went to police to inquire about Pl, and owner of car in which Pl found, charged with same offenses. Bail set at $50,000 each, reduced to $20,000, then to $5,000 for Pl. Feb 16: charges against other 2 dismissed; both rearrested: armed robbery. Feb 17: Pl indicted on conspiracy charge; arrested: armed robbery; released on $5,000 bail. Feb: DA refused to bring charges against policemen; Pl filed suit against Defs, officers allegedly involved in beatings. Pending.
Gerald Lefcourt, Esq, 18 E 64th St, NYC 10021; Arthur Turco, Esq, 260 W 25th St, NYC 10001.
||New York v John Peter Dorak
(Nassau Co Ct, #9245) Nov 30, 1939: Def convicted of arson on confession; committed to mental hospital as incompetent; spent 28 yrs there. Jy 19, 1967: Def released. Je 1968: Def appealed for vacation of conviction: alleged had not been represented by counsel, confession made under duress. Je 28: Co Ct vacated conviction. Def filed suit against Nassau Co for $5-million: false arrest, malicious prosecution and false imprisonment, confinement. Pending trial.
Harry Heller, Esq, 250 Broadway, NYC 10007.
||Robinson v New York City
(NY Sup Ct) May 24, 1967: Sugar Ray Robinson's wife allegedly forced to disrobe, submit to search of person and clothing without warrant or notice of purpose. Je 4, 1968: Suit filed by Robinson and wife. Pending.
Martin J Machat, Esq, 1501 Broadway, NYC 10036.
||Jaekel v US
(SD NY, #68Civ4753) Nov 9, 1966: Pl's daughter arrested: Fed'l narcotics violation; Pl's automobile seized in arrest under 49 USC §782; daughter told to contact atty to find out how to get it back. Nov 10: auto stored, appraised at $1,750. Nov 14: agents informed Pl of arrest, seizure, told Pl to contact atty re car. Nov 22, 29, Dec 6: notice of seizure, requirement of owner to post $250 bond by Dec 12 published in newspaper under 19 USC §1607. Dec 9: mortgagee filed petition for remission or mitigation of forfeiture. Dec 12: auto forfeited to US in summary administrative proceeding. Feb 20, 1967: mortgagee elected to have auto sold at auction. Mar 4: auto sold at public auction for $750: $645 remitted to mortgagee of which $500 credited to Pl. Nov 8, 1968: Pl sued in DC to declare forfeiture void, recover damages, recover auto. Sept 30, 1969: DC, Bonsal, J, held: (1) DC has jurisdiction under Tucker Act, 28 USC §1346(a)(2); (2) oral notice of seizure, instructions to contact lawyer, publication of notice of actual proceeding constitutionally inadequate where Defs had Pl's name, address and no additional inconvenience involved in personal notification (Mullane v Central Hanover Tr Co, 339 US 306). Forfeiture void; $1105 damages awarded.
Bruce J Ennis, Jr, Burt Neuborne, Edward F Hayes III, Esqs, NYCLU, 156 Fifth Ave, NYC 10010.
- 80 -
(NYC Police Dept Civilian Complaint Review Bd) Apr 27, 1968: Plainclothesmen allegedly used excessive force against participants in anti-war demonstration. Apr 29: NYCLU filed complaint with Rev Bd, sought to determine whether, if officer committing abuse is unidentifiable, his commander may be held accountable. Pending.
Paul G Chevigny, Esq, NYCLU, 156 Fifth Ave, NYC 10010.
||Fink v Leary
(SD NY, 68 Civ 2674) 1968: Pls, members of press, others interested in recording activities at public demonstrations, filed complaint with NYC Civilian Complaint Review Bd, alleging police conduct infringed their 1st Amdt rights by preventing them from collecting information, arresting them if they took photographs or notes of police actions, making use of unidentifiable plainclothesmen at demonstrations, engaging in general pattern of harassment. Bd dismissed as unsubstantiated; Pls then sought injunction from DC. Feb 25, 1969: Def, Police Commr, ordered Dept to refrain from further interference with legitimate collection of news by those with or without official press credentials; DC subsequently issued consent order embodying Commr's order.
Paul G Chevigny, Esq, NYCLU, 156 Fifth Ave, NYC 10010.
Complaint, 10 affidavits, order to show cause, Police Commr's order, consent order: MCLL.
||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. DC denied motions. Depositions taken; awaiting trial.
J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte, NC 28202; Gabrielle Kirk, Michael Meltsner, Esqs, NAACP Inc Fund, 10 Columbus Circle, NYC 10019.
||Wheeler v Goodman
(WD NC) (298 FSupp 935) Dec 1968-Jan 1969: Charlotte Police Dept made 14 unsolicited visits to local hippy house, some with and some without warrants. Ct later found warrants lacked support; no illegal activity uncovered, but Pls-occupants' belongings, persons searched, some possessions taken, threats of arrests made. Police aided landlord in evicting Pls, although rent paid, no ct order to assist. Pls finally arrested: vagrancy. Pls brought class action under 42 USC §1983. DC issued injunction ordering Charlotte police to, inter alia: (1) refrain from arresting or harassing Pls under color of vagrancy statute, (2) refrain from harassing Pls and their visitors, (3) return items taken from Pls' possession, (4) refrain from conducting illegal searches and seizures, (5) keep sealed from public and private view all records dealing with Pls' arrest under vagrancy statute.
||Harrington v Tate
(Pa Sup Ct, #187) 1965: Pl-police officers sued to enjoin Philadelphia Police Advisory Bd from functioning in alleged review bd capacity with h'gs. Issue: whether Mayor empowered under Home Rule Charter, §§3-917, 5-200, to establish Police Advisory Bd to make recommendations as to discipline of police officers. Mar 1967: Ct of Com Pleas held Bd illegal, "menace to law enforcement." Apr 2: City solicitor announced planned appeal. Je 27, 1969: Pa Sup Ct reversed.
Murray H Shusterman, 7th Fl, 1401 Walnut St; Jerome J Shestack, 1719 Packard Bldg; both of Philadelphia 19102.
Amicus brief for Phila Fellowship Commn, ACLU, Presbyterian Interracial Council, Phila Urban League, and Episcopal Diocese of Pa, by Peter Hearn, Esq, Fidelity Bldg, Philadelphia 19108.
Matthew Bullock, Esq, Deputy City Solicitor, Municipal Services Bldg, Philadelphia 19107.
Opinion, concurring, dissenting opinion: MCLL.
||Taylor v Tate
(ED Pa, #68-2018) Sept 9, 1968: Police kept Pls, persons displaying anti-Humphrey signs or insignia, away from Humphrey campaign rally. Pls sued to enjoin such interference. Oct 4: DC retained jurisdiction: right of dissenters to peaceably attend public meetings not to be infringed upon. Pending.
Julian Goldberg, Esq, 2028 Delancey Pl, Philadelphia 19103.
||Sellers v Pendarvis
(DC SC, #68-313) May 8, 1968: Suit filed against state officials growing out of events at Orangeburg, see 590.42, to enjoin prosecution and to put police dept into receivership. Pending.
George Logan, Fred Moore, Esqs, NAACP Legal Defense and Education Fund, Inc, 10 Columbus Circle, NYC 10019.
And see US v Addy, 590.42.
||Medrano v Allee
(SD Tex, #CA 67-B-36) 1967: Pls, union farm workers and organizers, alleged efforts by police, Texas Rangers to break Pls' strike around Brownsville by harassment including spurious and frivolous arrests, arrests under laws already declared unconstitutional or unconstitutional per se. Je 12: complaint filed against police, Rangers: conspiracy to deprive Pls of civil rights; jurisdiction under 28 USC §§1343(3), 2201, 2202, 42 USC §§1983, 1985, and 1st, 14th Amdts; asked permanent injunctions against: (1) enforcement of specified Texas statutes, declaratory judgment that they are unconstitutional, (2) spurious and false arrests, (3) other harassment of Pls' peaceful union activities. Je 13: Defs filed motion to dismiss. Denied. Pending.
Chris Dixie, Esq, 505 Scanlan Bldg, Houston 77002; Jerome Cohen, Esq, 1511 Twelfth Ave, Delano, Calif 93215; Doran Williams, Esq, PO Box 54, Rio Grande City, Texas 78582.
Amended complaint: MCLL.
||Thornton v Buchmann
(ED Wisc, #64-C-53) Jan 6, 1964: Gas station atendant 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 25: Pl sued under 28 USC §§1331, 1333, 42 USC §§1983, 1988. At conclusion of Pl's case, DC granted Def's motion for directed verdict: officers called by Pl gave testimony which was corroborated by Pl's testimony and established justification for arrest. Feb 5, 1968: CA 7 affirmed.
Sidney Podell, Esq, 606 W Wisconsin Ave, Milwaukee 53203.
Briefs for Appt, Appee; opinion: MCLL.