Sheridan v. Williams
| Decision Date | 18 June 1964 |
| Docket Number | No. 19040.,19040. |
| Citation | 333 F.2d 581 |
| Parties | Phillip Henry SHERIDAN, Appellant, v. John R. WILLIAMS, F. B. Gibson, John Phelps, James A. Benbrook, as Agents of the Federal Bureau of Investigation, P. O. Box 709, Portland, Oregon, and The City of Portland, State of Oregon, and The Chief of Police thereof et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Phillip Henry Sheridan, in pro. per.
Sidney I. Lezak, U. S. Atty., and William B. Borgeson, Asst. U. S. Atty., Portland, Or., for appellees.
Before HAMLEY, HAMLIN and MERRILL, Circuit Judges.
By this action appellant seeks relief under the Civil Rights Act, 42 U.S.C. § 1983.1 By his complaint he alleges that police officers of Portland, Oregon, and agents of the Federal Bureau of Investigation placed him under arrest, and, in connection with his arrest, unlawfully seized certain of his property, including an automobile, clothing and personal possessions, all of which they unlawfully refuse to return. As defendants, appellant has named the Federal agents, the City of Portland and the Chief of Police of Portland.
There can be little doubt that if the alleged seizure and retention were unlawful, appellant should have a remedy. The question is whether the Federal courts possess jurisdiction under the Civil Rights Act to provide that remedy.
In the district court appellant tendered his complaint for filing, and applied for leave to file in forma pauperis. The district court ordered: This appeal followed.
We agree with the district court that action in the Federal courts was not properly brought under the Civil Rights Act against the Federal agents, or against the City of Portland. Monroe v. Pape (1961) 365 U.S. 167, 187, 81 S.Ct. 473, 5 L.Ed.2d 492. In our judgment, however, the district court's determination that the action would not lie against the Chief of Police of Portland was unduly precipitate. Acts of local police officers, under authority of local ordinance are within the scope of the Act's protection. Monroe v. Pape, supra. The complaint does allege participation by the city police. While the extent of such participation is not clear, still, in our judgment, the possible involvement was such as to require retention of jurisdiction...
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