SMITH v. SWOOPE

Civ. A. No. 71-C-123-R.

351 F.Supp. 159 (1972)

James Lee SMITH, Plaintiff, v. M. W. SWOOPE, Individually and as Sheriff of Alleghany County, Virginia, Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

November 13, 1972.


Attorney(s) appearing for the Case

Ralph W. Buxton, Greene, Buxton & Poindexter, Richmond, Va., for plaintiff.

C. W. Allison, Jr., and R. B. Stephenson, Jr., Stephenson, Kostel, Watson, Carson & Snyder, Covington, Va., and William R. Rakes, Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendant.


OPINION and JUDGMENT

DALTON, Chief Judge.

Plaintiff filed this complaint on November 2, 1971 and asserts jurisdiction under 42 U.S.C. §§ 1983 and 1988, alleging the deprivation, under color of law, of his rights, privileges and immunities secured by the United States Constitution. The rights allegedly violated are those guaranteed by the First, Fourth, Fifth and Fourteenth Amendments to the Constitution, namely, the right to freedom of speech;...

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