[Download] "United States America Ex Rel. Robert" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: United States America Ex Rel. Robert
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 03, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

BARNES, Circuit Judge: This is another of the never-ending flow of cases initiated by State-incarcerated prisoners alleging an abridgement of their federal civil rights. Sued are four city police and one state narcotics inspector who allegedly entered into a conspiracy to deprive appellant of his rights by means of (1) an illegal arrest without warrant on December 10, 1959, for robbery; (2) a search of appellant's house after such arrest; (3) prolonged interrogation and refusal to allow appellant to call an attorney; (4) rearrest and booking for possession of narcotics; (5) physical abuse; and (6) perjury at preliminary examination by defendant Sanchez -- some twenty miscellaneous acts, allegedly violating appellant's civil rights. (42 U.S.C. § 1983.) The order dismissing the complaint in the district court was on the court's own motion. It was done apparently on the hearing of the plaintiff's motion for appointment of an attorney, and for permission to proceed in forma pauperis. It was not based on appellant's failure to state a claim. In fact, the order of dismissal specifically recognizes that the claim stated could probably be litigated at a later date.

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