Carlsberg

Carlsberg v. Gatzek

Good Law
442 F. Supp. 813·1977 U.S. Dist. LEXIS 12337
United States District Court, Central District of CaliforniaDecember 16, 1977CV 77-678-FCalifornia2,751 words

Opinion

Opinion

Ferguson, J.

MEMORANDUM OPINION

Plaintiffs Arthur W. Carlsberg, Carlsberg Financial Corporation, and Esco Corporation brought this action against Deborah Gatzek and Sanya Ryan, two attorneys employed by the Securities ■ and Exchange Commission, alleging that the defendants had intentionally violated their constitutional rights. Two pendent claims charging the defendants with the torts of abuse of process and interference with contractual relations are also asserted.

The major allegations of the' complaint may be summarized as follows:

Prior to June, 1976, the defendants were assigned to investigate the activities of a company called Pre-Builder Land Corporation (PBL) which had acted as a broker in certain real estate transactions in which the plaintiffs were also involved. Although the plaintiffs in this case were not targets of that investigation and were not found to have acted unlawfully in connection with the transactions in question, the defendants allegedly formed the intention to use their official positions to injure and inflict harm on the plaintiffs in violation of their rights under the United States Constitution and other provisions of state and federal law. In furtherance of…

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