Eichler O. Kelly v. H. E. Springett, Bureau of Narcotics Enforcement

This appeal is taken from a summary judgment entered in favor of appellees in an action prosecuted by appellant under 42 U.S.C. _§ 1983.

PREVIOUS HISTORY

In March, 1971, appellant’s amended complaint was dismissed by the district court. On appeal, we vacated the judgment and remanded for consideration in the light of Lynch v. Household Finance Corp., 405 U.S. 538 , 92 S.Ct. 1113 , 31 L.Ed.2d 424 (1972). Thereafter, certain documents developing the facts in connection with appellant’s claims were filed with the district court. Subsequently, that court granted the summary judgment from which this appeal is prosecuted.

PRESENT LITIGATION

The record now before us and before the district court at the time of allowance of the motion granting the summary judgment discloses the following facts. On January 30, 1968, appellee Springett, an agent of the California Bureau of Narcotics Enforcement, entered appellant’s business premises armed with warrants to search and arrest. Springett arrested Kelly and took from his person $1,113.00, not including some marked $20.00 bills which had been given to Kelly in a sale of narcotics to a government informer. Although the search warrant…