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PANDORA BOOKS, INC. v. GOLD

No. 70 C 1525.

322 F.Supp. 896 (1971)

PANDORA BOOKS, INC., Carl Reiff and Frank Yannucci, Plaintiffs, v. Eugene GOLD, District Attorney of Kings County, Detective James Murphy, New York City Police Department and Thomas E. Rosetti, as Property Clerk of the Police Department of the City of New York, Defendants.

United States District Court, E. D. New York.

February 19, 1971.

Attorney(s) appearing for the Case

Evseroff, Newman & Sonenshine, Brooklyn, N.Y., for plaintiffs; Gustave H. Newman, Brooklyn, N.Y., of counsel.

Eugene Gold, Dist. Atty., for defendants; Norman J. Rosen, Asst. Dist. Atty., of counsel.

BRUCHHAUSEN, District Judge.

The plaintiffs move for a preliminary injunction and other relief, stated in their notice of motion. In their complaint they allege, in substance, that the seizure of projectors and films without any prior adversary hearing to determine whether or not the films were obscene, constitutes a violation of the First, Fourth and Fourteenth Amendments of the Federal Constitution and of the Civil Rights Act of 1964 and 42 U.S.C. 1983.

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