Zurcher
Stanford Daily v. Zurcher
Opinion
Opinion
Peckham, J.
MEMORANDUM AND ORDER
This is an action pursuant to 42 U.S. C. § 1983 to declare illegal and unconstitutional a search on April 12, 1971 of the offices of the Stanford Daily, the primary newspaper on the Stanford University campus. In addition to declaratory relief plaintiffs, the Stanford Daily and various members of its staff further pray for an injunction against defendants, various state officials restraining them and anyone acting under their direction
Jurisdiction is founded on' 28 U.S.C. § 1343 (3).
Defendants, in their answer to the complaint contend that the April 12 search was lawful in all respects. In addition defendants Bergna and Brown, District Attorney and a deputy district attorney for Santa Clara County, respectively, state as follows:
The plaintiffs have moved for summary judgment requesting the relief prayed for in the complaint. For purposes of that motion presently before the Court the facts are not in dispute.
On Friday, April 9, 1971, members of the Palo Alto Police Department, as well as the Santa Clara County Sheriff’s Department, were called to the Stanford University Hospital to remove a large group of demonstrators. After several futile attempts to…