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HAIFETZ v. RIZZO

Civ. A. No. 25972.

171 F.Supp. 654 (1959)

Melvin HAIFETZ, and Harvey Walters, a minor by his mother, and natural guardian Rose Walters v. Frank RIZZO and City of Philadelphia.

United States District Court E. D. Pennsylvania.

March 26, 1959.

Attorney(s) appearing for the Case

Theodore R. Mann, Philadelphia, Pa., for plaintiffs.

Samuel C. Tabbey, Philadelphia, Pa., for defendant Frank Rizzo.

Jacob J. Siegal, Dep. City Sol., Philadelphia, Pa., for City of Philadelphia.

CLARY, District Judge.

The plaintiffs in this action instituted suit against the City of Philadelphia and Captain Frank Rizzo, commander of the 19th Police District (Central City) of Philadelphia, under the provisions of the Civil Rights Act, 42 U.S.C.A. § 1983 (1957), jurisdiction being predicated upon Title 28 U.S.C.A. § 1343(3) (Supp. 1958).

Briefly, plaintiff Haifetz contends that the police, acting under the authority and direction of defendant...

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