Maurice Emile Beauregard v. William H. Wingard and Ernest C. Michael

This is an appeal from judgment in favor of the police in a suit under the Civil Rights Act, Rev.Stat. § 1979 (1875), 42 U.S.C. 1983 (1964) Appellant, Beauregard, was arrested, detained in jail and prosecuted for the crime of bookmaking, Calif.Penal Code 337a(l) and (3) After trial, before court without jury, appellant was acquitted. Now appellant claims that this arrest, jail detention, and prosecution violated his civil rights.

Appellant is a citizen of Oceanside, California, engaged in the tile business. Appellee Wingard is the Oceanside Chief of Police. Appellee Michael is an Oceanside police lieutenant. Appellant was arrested outside his store by Michael. Michael and an undercover agent named Cowley (brought in from San Diego) had been instructed by Wingard to attempt to place a bet on a horse race with appellant. While Michael waited outside, Cowley entered appellant’s store.

According to Cowley’s testimony the following transpired. Cowley told appellant that he was a friend of Jimmy Cusenza and that Jimmy had told him about the “set up.” (Jimmy Cusenza, according to the record, was at one time the owner of a bar in Oceanside which required special police surveillance.…