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WHEELER v. GOODMAN

Civ. No. 2431.

306 F.Supp. 58 (1969)

Mrs. Raymond M. WHEELER, Next Friend of: Harry Anthony Blackburn et al., Plaintiffs, v. J. C. GOODMAN, Jr., as Chief of Police of Charlotte, North Carolina; Robert M. Blackburn, as Clerk of Superior Court, Mecklenburg County, North Carolina; Captain William McCall; Sergeant L. L. McGraw; John Doe, et al.; Richard Roe, et al., and Attorney General of North Carolina, Robert Morgan, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

Decided November 14, 1969.

Attorney(s) appearing for the Case

George S. Daly, Jr., Casey & Daly, W. Thomas Ray, Adam Stein, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., and Charles Lambeth, Thomasville, N. C., for plaintiffs.

Robert Morgan, Atty. Gen., of North Carolina, Ralph Moody, Deputy Atty. Gen., Andrew A. Vanore, Jr., Raleigh, N. C., Staff Atty., and W. A. Watts, Charlotte, N. C., for defendants.

Before CRAVEN, Circuit Judge, and JONES and McMILLAN, District Judges.

CRAVEN, Circuit Judge:

This is a suit under the Civil Rights Act, 42 U.S.C.A. § 1983 (1964), to obtain injunctive and other relief and to have the North Carolina vagrancy statute, N.C.Gen.Stat. § 14-336 (1953),1 declared unconstitutional. After a hearing before a single district judge, defendants, the Charlotte, North Carolina, police, were enjoined preliminarily from unconstitutional...

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