Edward R. Tarantino v. Sgt. J. Eggers and Officer J. Mourning

Edward R. Tarantino, proceeding pro. per. and in forma pauperis, brought this civil rights action against J. F. Eggers, J. R. Mourning and Vera Krupp. The trial court granted the motion of Vera Krupp to dismiss the action for failure to state a claim, and Tarantino has not perfected an appeal therefrom. The trial court also granted the motion of defendants Eggers and MouVning for summary judgment in their favor. Such a judgment was entered and Tarantino appeals.

Tarantino alleged in his complaint that, on August 31, 1964, while acting under color of their authority as police officers of the City of Beverly Hills, California, Eggers and Mourning forced their way at gun point into Tarantino’s Los Angeles apartment and placed him under arrest. Immediately afterwards, Tarantino alleged, these officers searched him and made a general search of his apartment, as a result of which they seized various articles and $1,000 in cash. Tarantino alleged that, at this time, Eggers and Mourning did not have an arrest warrant or a search warrant, and did not have reasonable cause to arrest him.

Tarantino further alleged in his complaint that, following this arrest and seizure, Eggers and…