Michael Cohen v. Russell K. Norris

Invoking a provision of the Civil Rights Act, 42 U.S.C.A. § 1983 , Michael Cohen brought this damage suit against five police officers of the city of Los Angeles. Alleging that on several occasions he was subjected to an unreasonable search and seizure, plaintiff sought damages in the sum of $10,000 from each of the defendants. The named defendants are Russell K. Norris, Roger W. Otis, James P. Lang, John James and Edward E. Farqueson.

Responsive to a motion filed by defendants, the district court dismissed the action on the ground that the complaint failed to state a claim upon which relief could be granted. Cohen appealed.

Cohen alleges in his complaint that in January, 1960 the defendants, while acting under color of their authority as police officers, corruptly, wantonly and unlawfully conspired knowingly to deprive plaintiff of rights, privileges and immunities secured to him by the Constitution of the United States. He further alleged that, acting pursuant to that conspiracy and under color of their authority as police officers, the defendants committed one or more of four described overt acts, all taking place in late January or early February, 1960.

Each of these overt…