Cohen

Appellant filed a complaint in the District Court alleging that defendants, acting under color of state custom or usage, deprived him of rights guaranteed by the federal Constitution. See 42 U.S.C.A. § 1983 .

Appellant’s complaint declared that two of the defendants had fraudulently gained entrance to appellant’s hotel room while he was in bed, that they forced him to get dressed and to accompany them to the police station, that they searched the room and his luggage and his personal papers against his will, that he was detained at the police station for four or five hours and suffered questioning by one of the defendants against his will, that he was ordered by one of the defendants to get out of San Francisco, that photostatic copies were taken of pages from his notebook and retained by defendants, and that he was not charged with any public offense. Appellant sought an injunction restraining defendants from any further such behavior and, in addition, compensatory and punitive damages.

This appeal is taken from an order granting appellee’s oral motion to dismiss appellant’s complaint as above described. Appellee asserted no grounds in support of its motion, and the District…