Legal Opinion

Sam Giancana v. Marlin W. Johnson, Agent in Charge, Chicago Office of the Federal Bureau of Investigation

Court of Appeals for the Seventh Circuit

Decided June 30, 1964No. 14272PublishedCited by 44 opinions

1Opinion of the Court

KILEY, Circuit Judge.

The question is whether the district court had jurisdiction to entertain this action to procure and protect the civil rights of plaintiff,” growing out of alleged surveillance of plaintiff, his home and his recreation, by FBI agents under defendant’s supervision and direction. We think the record shows the court did not have jurisdiction. tt

The Complaint,1 as amended, was based upon claim of a “federal question,” 28 U.S.C. § 1331,2 arising under the Fourth 3 and Fifth 4 Amendments to the United States Constitution; and a civil rights violation under § 1343(4).5 The…

2Cases cited9 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  4. Lockerty v. PhillipsSupreme Court of the United States · 1943
  5. Odis R. Van Buskirk v. Fred T. Wilkinson, as Warden of the United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954

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3Cited by44 opinions

  1. State of Iowa v. Union Asphalt & Roadoils, Inc.District Court, S.D. Iowa · 1968
  2. City of Milwaukee v. SaxbeCourt of Appeals for the Seventh Circuit · 1976
  3. Manual De J. Gomez v. Jerry v. Wilson, Chief of PoliceCourt of Appeals for the D.C. Circuit · 1973
  4. Arlo Tatum, Central Committee for Conscientious Objectors v. Melvin R. Laird, Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1971
  5. Benjamin Spock v. Bert A. David, Commander, Fort Dix Military Reservation, and Melvin Laird, Secretary of DefenseCourt of Appeals for the Third Circuit · 1972

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