Irene Lucero v. Thomas W. Donovan

This appeal is from a judgment which followed a directed verdict in favor of defendants in the court below. Irene Lucero, the appellant, brought her suit under the provisions of the Civil Rights Act of 1871, Rev.Stat. § 1979 (1875), 42 U.S.C. § 1983 . The defendants are two policewomen and two peace officers of the police department of the City of Los Angeles, California, Delia Florez Buczek, Madeline Cobb, Robert Conrad, and Richard Wells. The transcript of testimony discloses the controlling facts, as follows:

On October 4, 1960, while defendant Conrad and another policeman, one Donahue, were patrolling in an automobile, they observed Frank Lucero, brother of the plaintiff. In his testimony, Conrad described Frank as a “male Mexican” and stated that his “eyes were in a fixed stare forward and he was shuffling along, dragging his feet, walking very slowly. And he appeared to be swaying from one side to the other as he was walking.” Frank was stopped by the officers, who, being in plainclothes, identified themselves. They then questioned Frank, asking whether he was under the influence of narcotics and whether he used or possessed narcotics, all of which Frank denied. Conrad…