In Re UNITED STATES of America, Petitioner, James PECK, Plaintiff-Appellee, v. UNITED STATES of AMERICA, Defendant-Appellant
Court of Appeals for the Second Circuit
1Opinion of the Court
NEWMAN, Circuit Judge:
James Peck, a participant in the first Freedom Ride, was assaulted by unknown private citizens when the Freedom Riders reached Birmingham, Alabama, on May 14, 1961. Claiming that the Federal Bureau of Investigation (“FBI”) had prior knowledge of the attack through an informant in the Ku Klux Klan and that the FBI therefore breached its duty to protect him from the assault, see 42 U.S.C. § 1986 (1976), Peck instituted an action for damages and declaratory relief against the United States in the District Court for the Southern District of New York. To prove his claim that…
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