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ZWEIBON v. MITCHELL

No. 78-1348.

606 F.2d 1172 (1979)

Bertram ZWEIBON et al., Appellants, v. John N. MITCHELL, Individually and as Attorney General of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1979.

Attorney(s) appearing for the Case

Nathan Lewin, Washington, D.C., with whom Martin D. Minsker and Jamie S. Gorelick, Washington, D.C., were on brief, for appellants.

R. John Siebert, Atty., Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., at the time the brief was filed, Earl J. Silbert, U. S. Atty., Washington, D.C., at the time the brief was filed, and Robert E. Kopp and Larry L. Gregg, Attys., Dept. of Justice, Washington, D.C., were on brief, for appellees.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and GESELL, District Judge.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

Appellants, members of the Jewish Defense League (JDL), sued former Attorney General John N. Mitchell and nine agents of the Federal Bureau of Investigation (FBI) for damages for wiretapping of the JDL's New York office in 1970 and 1971. The District Court dismissed the case because it refused to apply retroactively the constitutional requirement of a warrant for national...

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