Oppenheimer

Oppenheimer filed a complaint for damages under 42 U.S.C.A. § 1983 1 (commonly known as the Civil Rights Act) and the jurisdictional provisions of 28 U.S.C.A. § 1343 (3). 2

The plaintiff alleges that the defendant wilfully and unlawfully required *763 $1,000 excessive bail from plaintiff on two misdemeanor complaint for illegal parking; that by reason of said unlawful acts of defendant, plaintiff was imprisoned for approximately three hours; that plaintiff was required to and did expend $100 as the bail bond premium on the excessive bail to secure his release; that in doing the act complained of, defendant acted maliciously, spitefully and venomously; that the acts complained of were committed by defendant under color of state law at Los Angeles, California. It is alleged that the plaintiff is a citizen of the United States, but there are no allegations of either the plaintiff’s or defendant’s state citizenship.

The defendant has moved to dismiss on the ground that the complaint fails to state a claim against him upon which relief can be granted and the further ground that the court lacks jurisdiction for the reason that there is no diversity of citizenship between the parties…