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“EROM UNITED STATES GOVERMENT UNITED STATES DEPARTM ger OF JUSTICE 7 FEDERAL BUREAU OF I? STIGATION Memorandum : Assistant serrata General « Biner, ‘Civil Division - Appellate Staff BATE: Mag 2, 127? Attention: Harlin F, Leathers, Esq. ‘Assistant Director - Legal Counsel Federal Bureau of Investigation SUBJECT: IBERIA HAMPTON, et al., v. CITY OF CHICAGO, et al. (U.S.D.C., N.D. ILL.) CIVIL ACTION NO. 70-C- 1384 Reference is made to your memorandum captioned as above, dated April 26, 1979, your reference BAB :MH:HF Leathers: pS, 146-7-6336- After a careful review of the Appallats Decision in captioned lit bene I find it necessary to make: the following comments with regard to the reversal of the directed verdicts on behalf of our Special Agent (SA) dafendants. sedge Swygert’s lengthy opinion credits the plain- “Liffs with a prima facis cass against the Federal taal founds4 on conspiracy claims pursuant to Tiils 42, U. Coda, Sections 1983, 1985(3), and 1986 The basis of this contention is the fact that the FBI had a Counterintellic ence program dirsctsd against the Black Panther Party (BPE P) and SAs of our Chicago Field Office disseminated information. on the BPP to local law enforcement authorities in the Chicago arsa. The- precedent implicit in this ruline would result in a potentially disast<rous curtailment on necessary exchanges of information between law enforcement agencies. - os In addition, Chief Judse FPairchild, in his concurring opinion, makes several qualifying observations which tend to buttress Judge Pell’s dissent that no conspiracy existed be- tween the state and Federal defendants. He states that the Yf-/ >? 3-374 ALL INFORMATION CONTAINED va ae HEREIN 1S UNCLASSIFIED yy Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan F6I"D55