United States v. Madden

352 F.2d 792 UNITED STATES of America ex rel. Robert Newton GARDNER, Jr., Appellant, v. William T. MADDEN, Captain, Edward J. Sanchez, Sergeant, Joe Aguirre, Detective, Dalton Newland, Inspector, William H. Parker, Los Angeles Chief of Police, Appellees. No. 19971. United States Court of Appeals Ninth Circuit. Nov. 3, 1965. Robert Newton Gardner, Jr., in pro. per. Roger Arnebergh, City Atty., Los Angeles, Cal., for appellees. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. BARNES, Circuit Judge: 1 This is another of the never-ending flow of cases initiated by State-incarcerated prisoners alleging an abridgement of their federal civil rights. Sued are four city police and one state narcotics inspector who allegedly entered into a conspiracy to deprive appellant of his rights by means of (1) an illegal arrest without warrant on December 10, 1959, for robbery; (2) a search of appellant's house after such arrest; (3) prolonged interrogation and refusal to allow appellant to call an attorney; (4) rearrest and booking for possession of narcotics; (5) physical abuse; and (6) perjury at preliminary examination by defendant Sanchez-- some twenty miscellaneous acts, allegedly violating…