Jones v. U.S., Nos. 75-1812

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore BRIGHT, STEPHENSON and WEBSTER; STEPHENSON
PartiesGuy Hamilton JONES, Sr., Appellant, v. UNITED STATES of America et al., Appellees. Guy Hamilton JONES, Sr., Appellant, v. W. H. DILLAHUNTY et al., Appellees.
Decision Date09 June 1976
Docket Number75-1813,Nos. 75-1812

Page 269

536 F.2d 269
Guy Hamilton JONES, Sr., Appellant,
v.
UNITED STATES of America et al., Appellees.
Guy Hamilton JONES, Sr., Appellant,
v.
W. H. DILLAHUNTY et al., Appellees.
Nos. 75-1812, 75-1813.
United States Court of Appeals,
Eighth Circuit.
Submitted May 11, 1976.
Decided June 9, 1976.

Phil Stratton, Conway, Ark., for appellant; Guy Jones, Jr., Conway, Ark., on brief.

Barbara L. Herwig, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for appellees; Rex E. Lee, Asst. Atty. Gen., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., on brief.

Before BRIGHT, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal concerns the district court's 1 dismissal of consolidated civil actions for

Page 270

damages brought by appellant Jones against the United States, members of the United States Attorney's office, a United States Marshal, and various other federal officials alleging a deprivation of his constitutional rights based upon allegations of illegal jury tampering in connection with his aborted criminal trial on charges of tax evasion and perjury. Jones v. United States, 401 F.Supp. 168 (E.D.Ark.1975). Appellant asserts error in the district court's findings that no claim upon which relief could be granted was stated under the Federal Tort Claims Act (28 U.S.C. § 1346(b)), 42 U.S.C. § 1985(2), or the damage rationale expressed in Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1970). We affirm the district court's dismissal.

The facts reveal that on July 14, 1972, during the course of appellant Jones' trial on criminal tax charges, the court and various federal officials including members of the United States Attorney's office, were apprised that an attempt had been made to contact a juror on Jones' behalf. Acting on this information, two Assistant United States Attorneys consulted with the Department of Justice and the Intelligence Division of the IRS. The use of electronic monitoring and recording devices in an attempt to gain information and evidence in this matter was approved by the Attorney General and consented to by the juror who had been the subject of the contact. The use of this equipment began immediately.

On Tuesday, July 18, 1972, the district court brought the fact of the attempted contact to the attention of all parties. Later that same day, the United States Attorney requested a conference in chambers at which time he revealed the existence of the electronic surveillance with the juror's consent. Upon hearing this information, the district court declared a mistrial.

Subsequently, appellant Jones brought suit in federal court against the United States under the Federal Tort Claims Act and against the individual federal defendants under 42 U.S.C. §§ 1981, 1983, and 1985. A similar suit was brought in state court against the individual defendants only. Each of these actions for damages was based upon the contention that the surveillance activities brought about by the defendants' acts resulted in a mistrial and the denial of the right to a speedy trial to Jones. The state action was removed to the federal court and considered with the pending federal action. A motion to dismiss or in the alternative for summary judgment was filed by the defendant in response to the complaint. The motion was accompanied by a brief in support of the motion and lengthy affidavits from the defendants and from the persons involved in the alleged jury tampering incident. Appellant Jones contested the motion but did not file any supplementary affidavits. The memorandum and order dismissing these suits for failure to state a claim upon which relief could be granted was filed by the district court on July 9, 1975. 2

Appellant initially contends that the district court erred in dismissing his claim for damages pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). As a basis for this contention, appellant Jones asserts that Arkansas law affords a civil damage action for violations of the criminal jury...

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42 practice notes
  • Stern v. U.S. Gypsum, Inc., No. 76-1070
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 12, 1977
    ...plain language grounds essentially similar to those we have expressed here. Jones v. United States, 401 F.Supp. 168 (E.D.Ark.1975), aff'd, 536 F.2d 269 (8th Cir. 1976), cert. denied, --- U.S. ----, 97 S.Ct. 735, 50 L.Ed.2d 750 reaches the opposite The proper result in a § 1985(2) case, of c......
  • McCord v. Bailey, No. 79-1085
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 15, 1980
    ...v. United States, 401 F.Supp. 168, 172-74 (E.D.Ark.1975) (plaintiff must show class-based, invidiously discriminatory intent), aff'd, 536 F.2d 269, 271 (8th Cir. 1976), cert. denied, 429 U.S. 1039, 97 S.Ct. 735, 50 L.Ed.2d 750 12 The constitutional basis for the first clause of § 1985(2) is......
  • Brown v. DeBruhl, Civ. A. No. 78-1946.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 19, 1979
    ...534 (7th Cir. 1974); Weir v. Muller, 527 F.2d 872 (5th Cir. 1977); Paton v. LaPrade, 524 F.2d 862 (3rd Cir. 1975); Jones v. United States, 536 F.2d 269 (8th Cir. 1976); G. M. Leasing Corp. v. United States, 560 F.2d 1011 (10th Cir. 1977). The Supreme Court in Butz v. Economou, supra, discus......
  • Expeditions Unlimited Aquatic Enterprises, Inc. v. Smithsonian Inst., No. 74-1899
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • September 16, 1977
    ...Inc. v. Shultz, 498 F.2d 1146, 1159 (4th Cir. 1974); Tritsis v. Backer , 501 F.2d 1021, 1022 (7th Cir. 1974); Jones v. United States, 536 F.2d 269, 271 (8th Cir. 1976); Midwest Growers Co-op Corp. v. Kirkemo, 533 F.2d 455, 463-464 (9th Cir. 1976); Mark v. Groff, 521 F.2d 1376, 1380 (9th Cir......
  • Request a trial to view additional results
42 cases
  • Stern v. U.S. Gypsum, Inc., No. 76-1070
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 12, 1977
    ...plain language grounds essentially similar to those we have expressed here. Jones v. United States, 401 F.Supp. 168 (E.D.Ark.1975), aff'd, 536 F.2d 269 (8th Cir. 1976), cert. denied, --- U.S. ----, 97 S.Ct. 735, 50 L.Ed.2d 750 reaches the opposite The proper result in a § 1985(2) case, of c......
  • McCord v. Bailey, No. 79-1085
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 15, 1980
    ...v. United States, 401 F.Supp. 168, 172-74 (E.D.Ark.1975) (plaintiff must show class-based, invidiously discriminatory intent), aff'd, 536 F.2d 269, 271 (8th Cir. 1976), cert. denied, 429 U.S. 1039, 97 S.Ct. 735, 50 L.Ed.2d 750 12 The constitutional basis for the first clause of § 1985(2) is......
  • Brown v. DeBruhl, Civ. A. No. 78-1946.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 19, 1979
    ...534 (7th Cir. 1974); Weir v. Muller, 527 F.2d 872 (5th Cir. 1977); Paton v. LaPrade, 524 F.2d 862 (3rd Cir. 1975); Jones v. United States, 536 F.2d 269 (8th Cir. 1976); G. M. Leasing Corp. v. United States, 560 F.2d 1011 (10th Cir. 1977). The Supreme Court in Butz v. Economou, supra, discus......
  • Expeditions Unlimited Aquatic Enterprises, Inc. v. Smithsonian Inst., No. 74-1899
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • September 16, 1977
    ...Inc. v. Shultz, 498 F.2d 1146, 1159 (4th Cir. 1974); Tritsis v. Backer , 501 F.2d 1021, 1022 (7th Cir. 1974); Jones v. United States, 536 F.2d 269, 271 (8th Cir. 1976); Midwest Growers Co-op Corp. v. Kirkemo, 533 F.2d 455, 463-464 (9th Cir. 1976); Mark v. Groff, 521 F.2d 1376, 1380 (9th Cir......
  • Request a trial to view additional results

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