Cohen v. Cahill

281 F.2d 879 Michael COHEN, Appellant, v. Thomas CAHILL, as Chief of Police of the City and County of San Francisco; Michael Maguire, as Police Officer of the San Francisco Police Department, and Cecil Harris, as Police Officer of theSan Francisco Police Department, Appellees. No. 16265. United States Court of Appeals Ninth Circuit. Aug. 15, 1960. A. L. Wirin, Fred Okrand, Los angeles, Cal., for appellant. Dion R. Holm, William F. Bourne, City Atty. & Asst. City Atty., San Francisco, Cal., for appellee. Before STEPHENS, HAMLEY and MERRILL, Circuit Judges. STEPHENS, Circuit Judge. 1 Appellant filed a complaint in the District Court alleging that defendants, acting under color of state custom or usage, deprived him of rights guaranteed by the federal Constitution. See 42 U.S.C.A. 1983. 2 Appellant's complaint declared that two of the defendants had fraudulently gained entrance to appellant's hotel room while he was in bed, that they forced him to get dressed and to accompany them to the police station, that they searched the room and his luggage and his personal papers against his will, that he was detained at the police station for four or five hours and suffered questioning by…