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GIANCANA v. JOHNSON

No. 14272.

335 F.2d 366 (1964)

Sam GIANCANA, Plaintiff-Appellee, v. Marlin W. JOHNSON, Agent in Charge, Chicago Office of the Federal Bureau of Investigation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 30, 1964.

Attorney(s) appearing for the Case

Edward V. Hanrahan, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., Frank E. McDonald, Asst. U. S. Atty., James P. O'Brien, U. S. Atty., John Peter Lulinski, Thomas W. James, Asst. U. S. Attys., of counsel, for appellant.

George N. Leighton, Chicago, Ill., for appellee.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

The question is whether the district court had jurisdiction to entertain this "action to procure and protect the civil rights of plaintiff," growing out of alleged surveillance of plaintiff, his home and his recreation, by FBI agents under defendant's supervision and direction. We think the record shows the court did not have jurisdiction.

The Complaint,1 as amended, was based upon claim of a "federal question...

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