Fenster. v. Leary

Plaintiff moves for summary judgment. He relies on his complaint alone. He purports to say that the police believed him to be a vagrant, that he was arrested on charges of vagrancy and has quickly sustained dismissals thereof, and that subdivision 1 of section 887 of the Code of Criminal Procedure is unconstitutional. He seeks judgment declaring the statute repugnant to the Hnited States Constitution and enjoining the defendant, his agents and assistants from arresting or prosecuting him under that statute. His counsel’s appeal is eloquent and scholarly.

Plaintiff alleges he was arrested and…