Franz v. United States

707 F.2d 582 (1983)

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Nature of the Case

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Facts

The government changed the identities of a government informant, his wife, and her three children by a former marriage in return for the informant's testimony against organized crime. This had the effect of severing the ongoing relationship between the children and the natural father. Franz (P), the natural father sued on constitutional and statutory grounds. P sought declaratory relief and injunctive relief to enable him to reestablish contact with his children and damages sustained as a result of the separation. The District Court dismissed the action. P married W and had three children. They divorced, and a Pennsylvania court awarded custody to W and gave P visitation rights. W then married Charles Allen a contract killer for organized crime in Philadelphia. Allen eventually ratted on his employers, and the ensuing witness protection situation developed. P tried to find his children but the Marshals Service would not arrange a meeting without the consent of W. W refused that consent. P appealed.