James H. Shelton and University Village Music Center, a Business v. United States Customs Service and Russell D. Wrenn, Gene S. Orr and Kern

James H. Shelton proceeding in propria personam sought recovery of damages in the district court alleging violation of his Fourth Amendment rights. Subject matter jurisdiction was asserted under 28 U.S.C. § 1331 (Federal question jurisdiction). The named defendants were United States Customs Service and Russell D. Wrenn and Gene S. Orr, and James H. Curran. Orr, Wrenn and Curran (erroneously named Kern) were special agents of the Customs Service.

On December 24, 1975, Shelton, who was the owner of the University Village Music Center in Seattle, imported a Jose Ramirez classical guitar from Spain. He filed an informal entry by orally declaring the value of the guitar as $265. He paid the duty assessed on that value. In February 1976, the Seattle Customs Office received information from the Chicago Customs Office that Shelton may have been undervaluing Jose Ramirez classical guitars. Investigation was assigned to Agent Wrenn who determined the model imported by Shelton sold to the public in Spain at approximately $735 and in the United States at $2,075. He then placed the instrument under seizure and asked Shelton to produce pertinent records, which was done. The agent’s version of…