A. Marlo Miller v. Jack Stinnett and Clifford Shervee

MURRAH, Circuit Judge.

In this diversity action against a police officer and a private instigator, the appellant seeks damages for wrongful arrest and imprisonment for violation of a city ordinance, said to be unconstitutional. At the conclusion of the appellant’s opening statement to the jury, the court directed a verdict for the defendant-appellees, and this is an appeal from a judgment thereon.

Without indulging in any formal pleadings, and taking the opening statement as the true operative facts, the question is whether the appellant stated a claim upon which relief can be granted on any…