GAIONI v. FOLMAR

Civ. A. No. 78-1-N.

460 F.Supp. 10 (1978)

Richard G. GAIONI, Michal Norton, Jerry Schiver, all Individually and as representatives of the class, Plaintiffs, v. Emory FOLMAR, Individually and in his capacity as Mayor of the City of Montgomery, Alabama, Alvan Gillem, Individually and as Public Safety Director of the City of Montgomery, Alabama, Charles Swindall, Individually and as Chief of Police for the City of Montgomery, Alabama, Defendants.

United States District Court, M. D. Alabama, N. D.

May 9, 1978.


Attorney(s) appearing for the Case

John L. Carroll, Morris S. Dees, Jr., and Howard A. Mandell, Montgomery, Ala., for plaintiffs; Leon Capouano, Stephen Ellmann, J. Doyle Fuller, Thomas T. Gallion, III, Richard A. Lawrence, J. Paul Lowery, Benjamin Pool, Frank Riggs, Robert D. Segall, and Donald Watkins, Montgomery, Ala., of counsel.

Robert C. Black, Hill, Hill, Carter, Franco, Cole & Black, and Randall C. Morgan, Montgomery, Ala., for defendants.


MEMORANDUM OPINION

JOHNSON, Chief Judge.

This class action1 brought pursuant to 42 U.S.C. § 1983 by named plaintiffs Richard G. Gaioni, Michal Norton and Jerry Schiver challenges the constitutionality of random, warrantless searches of persons attending the Charlie Daniels' concert at the Montgomery Civic Center on December 29, 1977. Defendants are Emory Folmar, mayor of the City of Montgomery; Alvan Gillem, Public Safety...

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