Willy H. Willis v. Thomas B. Reddin

This is an appeal from a judgment entered following an order sustaining appellees’ motion to dismiss.

The complaint alleges that the appellees, four police officers, acting under color of state law, arrested appellant, took him to the police station and removed from appellant’s person $178.00. It is alleged that the money was taken to prevent appellant from making bail and that such action was motivated by the fact that appellant was a poor and indigent Negro.

First we face the problem of jurisdiction. Appellees argue that since nothing is involved but a property right, this is not an action to enforce civil rights and cite in support of their position Howard v. Higgins, 379 F.2d 227 (10 Cir.1967) holding that a complaint against a sheriff to recover $500.00, the value of the personal property which the defendant, acting as sheriff, took from a prisoner, did not state a jurisdictional cause under 28 U.S.C. § 1343 (3). If the broadly stated allegations of the complaint are true, and for the purposes of the motion to dismiss we must assume them to be, then the case involves something more than money — it involves acts done under color of state law by policemen which were…