Pugach v. Klein

193 F.Supp.630 (1961)

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Nature of the Case

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Facts

The Supreme Court in Benanti v. United States and Schwartz v. State of Texas held that wire-tapping coupled with divulgence, even when done by state agents pursuant to state law, was a violation of Section 605 enforceable by the United States under the penal provision of Section 501. Local police and officials obtained a court order authorizing the wiretapping of P’s phone conversations. Eventually, that evidence lead to P’s indictment for maiming. Right before the trial was to begin, P sought, by original petition for a writ of mandamus, to compel the United States Attorney, Robson (D), to prosecute an officer of the New York City Police Department, an Assistant District Attorney, and a County Judge. P is now a state prisoner lodged without bail in the Bronx County jail pending trial on April 11, 1961. He is a disbarred lawyer. P contends that there is no existing state process to protect 'his rights.' He specifically alleges refusal of the United States Attorney to act on his complaints, made once on December 15, 1959, and again on March 20, 1961, when he asked him to appear in Bronx County to perform his duty to assist P in effecting a citizen's arrest and impound the wire tapes and their fruits, and still again on March 21, 1961, when he asked him to take the persons 'arrested' into custody and to impound the evidence. P asserts that the United States Attorney has acted arbitrarily and capriciously thereby causing state officers openly to defy and flout the sovereignty of the United States, all to P's great personal suffering.