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JN 44-1 "said act, That is a crime against the United States under 8371, The second, third and fourth counts charge that the official defendants willfully did things that deried and deprived their alleged victims of federally created rights. It is charged that the individual c<eferdants like vise participated in the offenses charged in the second, third and fourth counts of the irdicztmert, but it is not charged as an ultimate fact that they fcr either of them) did anything as an offi- ‘lal urder color of any law, statute, ordinance, regulacion, or custom as $242 provides and as a violation thereof would require. The indictment states that three cf the deferdarts were acting as officers in all that they did, but then does not state or indicate that any ef the cther individual deferdants were officers in fact, ox defacto in anything allegedly done by them ‘urder <cclor of law.' "Tt is accordingly the view of this Court that the first ccunt of this indictment is valid against all dzferdants before the Court; that the second count is valid against Rainey, Price ard Willis but not against the other defandarts; that the third count is valid against Rainey, Frice and Willis but not against the other dzferdants; and tmt the fourth count is valid against defendants Rainey, Price and Willis but not the other defendants upon the authorities presently cited. "In Williams v. United States, (5CA) 179 F.2d €56, a private detective was indicted and convicted undar $242 for applying third degree methods to a victim while investigating a theft from a private concern. A city policeman was present at the scene of the offense and lent colcer of law to the event. The detective held a card from the Director of Public Safety showing his appointment as a special police officer of the munici- pality. A section of the charter cf the city provided that no person should be appointed a special police or