Hammons

Hammons v. Scott

Good Law
423 F. Supp. 618
United States District Court, Northern District of CaliforniaAugust 10, 1976C-75-0846 WHOCalifornia3,760 words

Opinion

Opinion

This case is but another in a growing body of law presenting the question as to what, if any, restraints should be imposed upon the practices of public agencies regarding the maintenance and dissemination of arrest records of persons who were never convicted of the crimes for which they were arrested. The issues raised have been described as a “particularly sensitive area of law, concerning the developing relationship between values of individual privacy and the record-keeping functions of the executive branch”. Tarlton v. Saxbe, 165 U.S.App.D.C. 293 , 507 F.2d 1116, 1121 (1974). However, by its opinion of March 23, 1976, in Paul v. Davis, 424 U.S. 693 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976), the United States Supreme Court has snuffed out the short life of this action. For the reasons hereinafter stated, we dismiss the claims against the city and state defendants. In an accompanying opinion, the claims against the federal defendants are likewise dismissed.

I.

Plaintiff, Adolph Hammons, Jr., a black retired airman who served twenty-one years in the United States Air Force, and is now a manager of an apartment house, was arrested by the San Francisco Police De partment…

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