Cassell Carpenter v. Russell C. Davis, Mayor of Jackson

RIVES, Circuit Judge:

Two named plaintiffs sued “as individuals and as representatives of all others who write for, publish, sell or distribute the Kudzu, or who wish or expect to in the future.” The complaint described the Kudzu as a “periodical newspaper.” The defendants are four officials of the City of Jackson, its Mayor, Police Justice, Prosecuting Attorney and Chief of Police.

The complaint alleged that each of the plaintiffs and several other members of the class had been arrested by police officers of the City of Jackson and charged with selling or distributing obscene literature…