Whittington v. Johnston

STRUM, Circuit Judge.

This action, based upon 8 U.S.C.A. §§ 43 and 47(3), was brought to redress the alleged deprivation of plaintiff’s civil rights, and to recover damages resulting from an alleged conspiracy to that end. The action was dismissed by the district judge for lack of federal jurisdiction.

The complaint charges in effect that the defendants below, all of whom are private citizens, acting under Title 15, § 432, and Title 45, §§ 208, 209 and 210, Code of Alabama, 1940, conspired to, and did, cause plaintiff to be declared insane by an Alabama probate court when she was in fact *811sane,…