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McSURELY v. McCLELLAN

No. 82-2369.

697 F.2d 309 (1982)

Alan McSURELY, et al. v. John L. McCLELLAN, et al. Thomas Ratliff, individually and as sometime Commonwealth Attorney for Pike County, Kentucky, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

Benjamin L. Zelenko, B. Michael Rauh, and Martin Shulman, Washington, D.C., were on the brief for appellant.

Morton Stavis, Hoboken, N.J., Randolph Scott-McLaughlin, Broadway, N.Y. and Charles N. Mason, Jr., Washington, D.C., were on the brief for appellees.

Before WALD and SCALIA, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

In August 1967, Kentucky officials, executing warrants issued under a state sedition statute, arrested the McSurelys (appellees) and seized books, papers, and other personal possessions from their home. Shortly thereafter, a federal court declared the state statute unconstitutional, enjoined prosecution, and ordered the appellant Thomas B. Ratliff (Commonwealth Attorney for Pike County, Kentucky) to hold the seized material...

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