GOLDMAN v. KNECHT

Civ. A. No. C-974.

295 F.Supp. 897 (1969)

Charles GOLDMAN, John Kirkland, Plaintiffs, v. Robert KNECHT, Donald Vendell, Marvin Nelson, Duke Dunbar, Rex Scott, David Voorhis, Kelly Gaskill, and James Smith, Defendants.

United States District Court D. Colorado.

February 3, 1969.


Attorney(s) appearing for the Case

Stevens & Miller, by Robert Bruce Miller and William Redak, Boulder, Colo., for plaintiffs.

Walter L. Wagenhals, City Atty., Boulder, Colo., and Aurel M. Kelly, Asst. Atty. Gen. for the State of Colorado.

Morgan Smith, Public Defender of Adams County, Brighton, Colo., amicus curiae.

Before BREITENSTEIN, Circuit Judge, and CHILSON and DOYLE, District Judges.


MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

The complaint in this case questions the constitutionality of the Colorado vagrancy statute, C.R.S.1963, § 40-8-19, as amended, and demands injunctive and declaratory judgment relief.

Plaintiffs have been and allegedly are being threatened with prosecution under this statute. In seeking relief in this Court, they invoke 28 U.S.C. § 1343(3) & (4), and, in essence, complain...

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