The Stanford Daily v. James Zurcher, Individually and as Chief of Police of the City of Palo Alto, County of Santa Clara, State of California

I

We adopt the opinion of the district court, Stanford Daily v. Zurcher, 353 F.Supp. 124 (N.D.Cal.1972).

II

We reject appellants’ contention that the issuing magistrate is the sole proper party defendant. Having lost in the. lower court, the appellants raise this issue for the first time upon appeal. In this respect, the argument is at least, untimely. Moreover, we are not persuaded that it has merit. The appellants are proper defendants in a suit to declare that actions theretofore performed were illegal and to enjoin them from acting illegally or permitting their subordinates from engaging in such illegal conduct in the future. (Cf. Schnell v. City of Chicago, 407 F.2d 1084 (7th Cir. 1969); Hernandez v. Noel, 323 F.Supp. 779, 783 (Conn.1970) (“In a number of recent cases seeking damages against police officers under the Civil Rights Act, it has been held that no liability exists unless it is alleged and proved that the officer was either present at or directed or personally cooperated in the acts relied on for liability. . Where injunctive relief is sought, however, no such rigid requirements obtain.”).)

III

We also reject appellants’ argument that their good faith in…