Sheridan

By this action appellant seeks relief under the Civil Rights Act, 42 U.S.C. § 1983 . 1 By his complaint he alleges that police officers of Portland, Oregon, and agents of the Federal Bureau of Investigation placed him under arrest, and, in connection with his arrest, unlawfully seized certain of his property, including an automobile, clothing and personal possessions, all of which they unlawfully refuse to return. As defendants, appellant has named the Federal agents, the City of Portland and the Chief of Police of Portland.

There can be little doubt that if the alleged seizure and retention were unlawful, appellant should have a remedy. The question is whether the Federal courts possess jurisdiction under the Civil Rights Act to provide that remedy.

In the district court appellant tendered his complaint for filing, and applied for leave to file in forma pauperis. The district court ordered: “This is not a proper action to be brought under the Civil Rights Act, and therefore the application for leave to file in forma pauperis is denied. .The complaint tendered for filing shall be returned to'the plaintiff.” This appeal followed.

We agree with the district court that action in…