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KILGORE v. MITCHELL

No. 78-2702.

623 F.2d 631 (1980)

Gerald Hay KILGORE, Kristina Kilgore, a minor, through her parent and next friend Gerald Hay Kilgore, Nikki Kilgore, a minor, through her parent and next friend Gerald Hay Kilgore, Helen Kilgore and Samuel Diamond, Appellants, v. John MITCHELL, Individually and as Attorney General of the United States; Will Wilson, Individually and as Assistant Attorney General of the United States; Henry E. Petersen, Individually and as Deputy Assistant Attorney General of the United States; Harold Shapiro, Individually and as Deputy Assistant Attorney General of the United States; Vance Duffy, Individually and as Agent of the Federal Bureau of Investigation, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1980.

Attorney(s) appearing for the Case

James Edward Green, Van Nuys, Cal., for appellants.

Volney Brown, Jr., Asst. U.S. Atty., Los Angeles, Cal., argued, for appellees; Dzintra I. Janavs, Asst. U.S. Atty., Los Angeles, Cal., on brief.

Before FARRIS and POOLE, Circuit Judges, and MacBRIDE, District Judge.

POOLE, Circuit Judge:

Appellants Gerald Kilgore, members of his family and a family friend, sued under the Fourth Amendment and Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520, for civil damages arising out of claimed illegal electronic surveillance by agents and officials of the Department of Justice of the United States. The surveillance in question was conducted pursuant to court order from October 1 to October...

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