(Download) "Smith V. Ross" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Smith V. Ross
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellants brought this action for damages under 42 U.S.C. §§ 1983, 1985(3) (1970) against the Sheriff of Marion County, Ohio, his deputy, his bonding company, and the mayor and city council of Prospect, Ohio. The amended complaint asserted that appellants were two members of an interracial four-piece musical band that had rented a building in Prospect on August 27, 1970, from one Jack Schmittauer to use for rehearsal purposes. It charged that on September 2, 1970, deputy Scheiderer told appellants' landlord that he would have to evict them because black residents were not welcome in Prospect and that the townspeople would burn down the building if Schmittauer permitted them to remain. It also charged that Schmittauer eventually was caused to evict appellants when Scheiderer threatened to withdraw police protection. These acts, the complaint alleged, were done under color of state law and were part of a conspiracy on the part of the deputy (for whose acts his superior, the Sheriff, was responsible) and the mayor and city council of Prospect to evict appellants, who are black, solely because of their race. The complaint further asserted that plaintiffs were required by their landlord to vacate because of defendants' acts, and that they did vacate, and that they were threatened and maligned by the deputy during the course of these events. The complaint also contained a claim that about ten months after these incidents occurred, deputy Scheiderer was involved in another incident with plaintiff Smith at a college campus, and that the deputy caused plaintiff's car to be stopped and searched for the purpose of discrediting him with respect to this lawsuit. Compensatory and punitive damages were sought.