BONGIOVANNI v. HOGAN

No. 69 Civ. 4850.

309 F.Supp. 1364 (1970)

Rosario BONGIOVANNI, Tom Weida, Reginald Wilson, Seymour Yaeger, Gilbert Atamian, Inc., and Tivoli Theatre, Inc., Plaintiffs, v. Frank S. HOGAN, District Attorney for New York County, State of New York, Richard Beckler, Assistant District Attorney for New York County, State of New York, Ptl. Henry Hoffman, New York City Police Department and Ptl. Gerald Hughes, New York City Police Department, Defendants.

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

February 10, 1970.


Attorney(s) appearing for the Case

Arthur L. Goldstein, New York City, for plaintiffs.

Frank S. Hogan, Dist. Atty. for New York County, by Michael R. Juviller and Herman Kaufman, Asst. Dist. Attys., for defendants.


OPINION

TYLER, District Judge.

Plaintiffs bring suit under 42 U.S.C. § 1983 alleging that defendants violated their constitutional rights through the search of their theatre and the seizure of a print of the film "Muthers", various still photographs on display in the theatre, and the lenses of the projector. Plaintiffs seek the return of the film, photos, and lenses now in the possession of the defendants, and an injunction barring a state criminal...

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