Patrick Michaels v. Howard W. Chappell

This action, for abuse of process and “violation of constitutional rights” was commenced in the Superior Court for the County of Los Angeles. Upon motion of the defendant the action was removed to the federal district court under 28 U.S.C. § 1442 (a)(1). A motion to dismiss the action for failure to state a claim upon which relief could be granted was sustained, and judgment was entered on the order of dismissal. Jurisdiction is asserted in this Court under 28 U.S.C. § 1291 .

The appellant herein is Patrick Michaels, a news broadcaster, and appellees are Chappell, Goodman and Read, Federal narcotics investigators. Chappell is the agent in charge of the Los Angeles Office of the Federal Bureau of Narcotics.

According to the allegations of the complaint, which we must take as true, in 1958 one Mickey Cohen was being tried for an alleged assault on Chappell. He was acquitted, and there was testimony to the effect that Chappell struck the first blow. A witness testified that he was approached by Chappell with a request that he help “make a case” against Cohen. The United Press picked up the story, changing the words “make a case” to the word “frame.” Michaels used the story on the…