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BOLGER v. UNITED STATES

189 F.Supp. 237 (1960)

Edward BOLGER, Plaintiff, v. UNITED STATES of America, Robert G. Anderson, Secretary of the Treasury of the United States of America, Customs Agents William J. O'Shea and Thomas F. Loughman, Customs Enforcement Officers Walter J. Conlon and Joseph E. Patterson and Dorothy T. Zecha, Shorthand Reporter, in charge of office of Supervising Agent of Customs, Port of New York and Michael Cleary, Defendants. Edward BOLGER, Plaintiff, v. WATERFRONT COMMISSION OF NEW YORK HARBOR and David C. Thompson, Commissioner, and James O'Malley, Jr., Commissioner, Defendants.

United States District Court S. D. New York.

November 15, 1960.

Attorney(s) appearing for the Case

Joseph Aronstein, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty., for the Southern District of New York, New York City, for defendants, United States. Robert G. Anderson, William J. O'Shea, Thomas F. Loughman, Walter J. Conlon, Joseph E. Patterson and Dorothy T. Zecha, Arthur V. Savage, Asst. U. S. Atty., New York City, of counsel.

William P. Sirignano, Gen. Counsel for Waterfront Commission of New York Harbor, New York City, Irving J. Malchman, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Edward Bolger, the plaintiff in these two actions, is a hiring agent and longshoreman licensed by the Waterfront Commission of New York Harbor and employed on the New York waterfront.

Bolger claims that on September 12, 1959 he was arrested in the early morning by federal customs agents without a warrant and held until the evening of that day without being arraigned or even charged; that during the day his home was...

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