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Cr “‘ ats - ss, \ ran \t . rf > Tne Director . 5/7/79 iegai Counsel BERIA HAMPTON, ex al. INFORMATION CONTAINED cIsy OF ClTChab, st al HEREIN IS UNCLASSIFIED (U.S.D.C., N.D. ELL.) . CIVIZ ACTION NO. 70-C-1384 DATE PURPOSE: To provide the sie ahigheesi with an analysis of the -y the Court of Appeals for the ; Seventh Cir coed and “to advise the Director that a memorandum ° Fh gene c Department be requested to File a peti- ng and/or certicrari has been seéert. iQ fe ct ty ie SYNOPSIS: OQ. 4/23/79 the U.S. Court of Appeals fer the Seventh Circuit rendered an adverse orinion in pricnsed litigation. Cudds Swygert, writing for che major- ca ity, found a conspiracy case against bork the state and Perera aang pursuant to Title 42, U.S. Code, Sedttons 1963, 1255(3) arc 193, which case should have teen sent’ to the jury and nor the object of a directed verdict on their behalf. Chist Judge Fairch 1i1c concurred with Judge Swvgert's Opinion hut made observations which were not clear with regard h to the Federal defendants’ liability. ducge Peli, in a well- reasoned dissent, Gissects the issuss and finds a rotentiai case aga aiast the defendant “shooters.” Uowsevar, he clearly *xonerates the Federal d=fendants of any conspiracy allegati ons and focuses his attention on the datrizancal efiect Judge Swygert's opinion will have on law enforcement ccoperation. Because of theses oupstaring issuss, Legal Counsel Division (LCD) recommend=d the filing of a petiticn for rehearing and/or certiorari to che U.S. Suprem= Court. KA letter from the Assist- . ant Director, LCD, to the Assistant Attorney Ceneral (AAG), Civil Division, expressing these views has been sent. Enclesures (4) 1 - Eacis. 4) t -Com a tenels. 4) Aton: 1 - Civ. Lit. Unit (&G) {CONTIHUFD OVER) . = Ht -103 -2376 b6 b7C