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IN RE U. S.

No. 781, Docket 81-6198.

680 F.2d 9 (1982)

In re UNITED STATES of America, Petitioner, James PECK, Plaintiff-Appellee, v. UNITED STATES of AMERICA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 24, 1982.

Attorney(s) appearing for the Case

Peter C. Salerno, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., Richard N. Papper, Asst. U. S. Atty., New York City, on brief), for defendant-appellant and petitioner.

Edward Copeland, New York City (Eric M. Lieberman, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P. C., New York City, on brief), for plaintiff-appellee.

Before NEWMAN and CARDAMONE, Circuit Judges, and BURNS, District Judge.

NEWMAN, Circuit Judge:

James Peck, a participant in the first Freedom Ride, was assaulted by unknown private citizens when the Freedom Riders reached Birmingham, Alabama, on May 14, 1961. Claiming that the Federal Bureau of Investigation ("FBI") had prior knowledge of the attack through an informant in the Ku Klux Klan and that the FBI therefore breached its duty to protect him from the assault, see 42 U.S.C. §...

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