Russell M. Smith v. John J. Cremins, Jr., John F. Mahon, Jr.

This appeal is taken from an order dismissing appellant’s complaint under the Civil Rights Act.

The complaint included the following allegations: Appellant went to the Los Angeles International Airport to distribute a religious tract discussing national and international issues. His purpose in part was to protest the arrival there of Russian Deputy Premier Anastas Mikoyan. As he was crossing the street in a pedestrian crosswalk leading from the public parking lot to a sidewalk used by the general public, appellant was seized by appellees, police officers of the City of Los Angeles, who took the tracts from him, tearing some into pieces and keeping the others. Appellees detained appellant for ten minutes, then released him. Appellant demanded his tracts, but they were not returned. He was not told that he was under arrest, nor was any charge filed against him. Appellees had neither a search warrant nor warrant for arrest.

Appellant further alleged that the acts of the officers were done under color of the laws of the State of California and the municipality of Los Angeles; and that these acts deprived appellant of rights secured to him by the Fourteenth Amendment to the…