GUIDO v. CITY OF SCHENECTADY

No. 30, Docket 31217.

404 F.2d 728 (1968)

Frank GUIDO, Plaintiff-Appellant, v. CITY OF SCHENECTADY, George B. Reynolds, Raymond Wemple, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 25, 1968.


Attorney(s) appearing for the Case

Joseph Harris, Albany, N. Y. (Ungerman & Harris, Albany, N. Y., on the brief), for plaintiff-appellant.

Michael J. Palmiotto, Schenectady, N. Y. (Adam F. Ciesinski, Schenectady, N. Y., on the brief), for defendants-appellees, City of Schenectady and Raymond Wemple.

Winifred C. Stanley, Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., Ruth Kessler Toch, Sol. Gen., Albany, N. Y., on the brief), for defendant-appellee George B. Reynolds.

Neil Fabricant, Melvin L. Wulf, Joshua Koplovitz, New York City, on the brief, for American Civil Liberties Union and New York Civil Liberties Union, amici curiae.

Before LUMBARD, Chief Judge, and WATERMAN and FEINBERG, Circuit Judges.


LUMBARD, Chief Judge:

In July, 1958 Frank Guido was convicted in Schenectady Police Court of being a common gambler. The conviction was based on wiretap evidence of telephone conversations to which he was a party. In 1960 he brought suit in the Northern District to recover over $10,000 in damages allegedly resulting from the introduction of the wiretap evidence in the State trial, in violation of Section 605 of the Federal Communications Act of 1934, 47 U.S.C. §...

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