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CALTAGIRONE v. GRANT

No. 1252, Docket 80-2081.

629 F.2d 739 (1980)

Francesco CALTAGIRONE, Appellant, v. George V. GRANT, United States Marshal, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Louis A. Craco, New York City (Robert B. Hodes, Brian E. O'Connor, John P. Brooks, Jr., Willkie Farr & Gallagher, New York City, and Edward Bennett Williams, John G. Kester, Kevin T. Baine, Barry S. Simon, William Alden McDaniel, Jr., Williams & Connolly, Washington, D.C., of counsel), for appellant.

Stuart J. Baskin, Asst. U.S. Atty. for the Southern District of New York, New York City (William M. Tendy, U.S. Atty., Frank Maas, Eugene Neal Kaplan, Gregory L. Diskant, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before KAUFMAN, TIMBERS, Circuit Judges, and MISHLER, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

Infamous among the abuses wrought in the eighteenth century by unbounded royal power were lettres de cachet. Through them, the king could free — or imprison — upon no more a showing than monarchal whim. Because of them, and numerous other abuses, the Framers of our Constitution resolved to regulate all manner of governmental intrusions and embodied their constraint in one of the starkest provisions of the Bill...

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