◆ SpookStack

moe eo + Merorandum to The Director Re: IBERIA HAMPTON, et al. CITY OF CHICAGO, et al. In conclusion, Judge Swygert reverses the directed verdicts in favor of the Federal dsefendanrs and vacate S the _ judgments of dismissal. The cause is remanded to the dis- trict court for a new trial and because of its age, Judge Swygert directs the judcs to whom it is assigned to give the retrial high priority. . Chief Judge Pairchild concurred with the opinion of Judge Swygert except as qualified by certain observations. his qualification adds to the confusion that this dscision- has generated. Besides the legal determinations regarding conspiracy authored by Judge Suwygert, the observations of Chief Judge Fairchild mandate a petition for rehearing ts clarify. this extremely complax case. The dissent of Judae Pell further compels the necessity for a petition for rehearing or ultimately for a petition for certiorari to the U.S. Suprem= Courcz. Chief Judge Pairchild admits thet the case against the shooters is formidable, but questions the possible find- ings of aug | Suygert with respect to a conspiracy. Clearly -the jury could find that the Pederal and state dafendants tad programs to Giscredit tha BPP. -But it does not follow that these programs included the murder of BPP members. He States that the activities of the Fereral Gefandants in this Ratter could be found to haves heen lagitimate activity and cooperation in law enforcement, and not wrongful acts pur- suant to a conspiracy. In Chief Judge Fairchild's view, there could he no recovery ef damages arising from the raid ‘eased solely on a conspiracy theory: . c Chief Judce Fairchild doses not join the opinion in Giracting the inp aeition Of sanctions. but rather would .direct the Gistrict court to give consideration to doing “S50 a . {CON?TINVED OVER)