Gladstone

This is an appeal by appellants, trustees for Psychic Spiritual Science Church, from a judgment dismissing a complaint seeking damages against appellee Galton, a police woman, for two arrests by her of Gladstone for alleged violations of the Los Angeles fortune telling ordinance and against appellee Chesebro for having drafted the ordinance, which ordinance the complaint asserts contravenes the equal protection clause of the XIV Amendment and the impairment of obligation provisions of Article I, Section 10 of the Federal Constitution. The complaint also sought restraining orders and an injunction against future arrests and the return of certain books and papers taken by police woman Galton from the church premises.

Having claimed the unconstitutionality of the ordinance, appellants’ complaint alleges that police woman Galton “has through prejudice of her personal religious beliefs used her official position as a woman police officer to especially persecute the aforesaid Wm. L. Gladstone as Pastor and Trustee for the aforesaid Church of complainants hereof.” It is also alleged that she “has persecuted the said Wm. L. Gladstone under the provisions of the aforesaid unconstitutional…

(concurring in the result).

I concur in the affirmance of the judgment of dismissal.

*746 The complaint presented ■ no substantial claim of deprivation of civil rights and no extraordinary circumstances justifying equitable intervention by a federal court. The constitutional question sought to be litigated here might with equal effectiveness and greater propriety be litigated in the pending proceeding in the state court, where the right exists of ultimate review in the Supreme Court of the United States.