R. W. Agnew v. City of Compton, a Municipal Corporation H. R. Lindemulder and Frank Sprague

Relying principally upon the Federal Civil Rights Act, 42 U.S.C.A. § 1981 et seq., R. W. Agnew instituted this action for damages, and for injunctive and declaratory relief. The City of Compton, California, its electrical inspector, and two of its police officers, were named defendants.

After the complaint was filed, defendants moved to dismiss the action for lack of jurisdiction and failure to state a cause of action. The motions were granted, and judgment was entered for defendants. Plaintiff appeals. The only question before us is whether the well-pleaded facts establish jurisdiction and state a cause of action.

It is alleged in the complaint that, acting without a warrant, the two police officers entered Agnew’s premises, arrested him, seized some of his property, and transported him to jail in a police vehicle. When arrested, Agnew was peaceably conducting an auction of his own property as an isolated transaction. At the jail, he was charged with engaging in the business of auctioneering without a city permit. He was also charged with engaging in the business of electrical contracting without a city license.

Agnew was then subjected to the usual routine of photographing…