MURLEY v. SMITH

Civ. A. No. 3-3857-B.

322 F.Supp. 991 (1971)

James Rudolph MURLEY, Plaintiff, v. Preston C. SMITH, Crawford C. Martin, Henry Wade, Clarence M. Jones, and Frank Dyson, Defendants.

United States District Court, N. D. Texas, Dallas Division.

February 9, 1971.


Attorney(s) appearing for the Case

John E. Collins, Mullinax, Wells, Mauzy & Collins, G. William Baab, Dallas Legal Services Project, Dallas, Tex., for plaintiff.

Earl S. Hines and Jay Floyd, Office of Atty. Gen., Austin, Tex., for defendants Preston C. Smith and Crawford C. Martin.

John B. Tolle, Asst. Dist. Atty., Dallas, Tex., for defendants Henry Wade and Clarence M. Jones.

Alex Bickley and Joseph G. Werner, Office of City Atty., Dallas, Tex., for defendant Frank Dyson.

Before INGRAHAM, Circuit Judge, and ESTES and HUGHES, District Judges.


ESTES, District Judge:

In this case, the plaintiff, James Rudolph Murley, challenges Article 472a of the Vernon's Ann.Texas Penal Code1 which makes it a felony to interfere with a policeman, fireman, doctor, nurse, or ambulance attendant during a riot or civil disturbance. Plaintiff seeks a declaratory judgment that Article 472a is unconstitutional because of vagueness and overbreadth and an injunction preventing defendants from enforcing...

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