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: Se Memorandum to The Director Re: ISERIA HAMPTON, et al., V. CITY OF CHICAGO, et al. The state defendan Lts are members of the Cook County ‘States Attorney's Office and members of the Chicago Police ‘Department. The States Attorney's Office centains prosecu- ting attorneys as well as members of the actual raiding party, both shooters and non-shooters. The members of the Chicago Police Department are subdivided into two categeries: the Crime Laboratory and the Internal Investigations Division. ‘This memo will deal exclusively with the Federal defendants .. = and the extent that this dscision will affect their liability. ~ Judge suygert, weitiag for the 2-1 majority, sub- ; @ivides the factual basis of this suit into three distinct - pericds: pre-raid, raid, and post-raid. Althouch che Fed- eral defendants were not involveé inthe raid itsel£, Judge Swygert contends that the Federal defendants were intimately involved in the pre-raid planning and the alleged post-raid coverup. Therefore, he holds that the plaintifis have es~ . tablished a prima facie case of civil liability under Sectiens — 1933 and 1935(3) of the Civil Rights Ret (Title 42, United nie Coée}); that is, a conspiracy to violate the plaintiffs’ _ Givil rights and actual deprivation ef those richts arising from the implementation of the conspiratorial plan. Judce Swygert bases his conspiracy decision xe garding the Federal defendants on the fact that the FBI engaged in a Counterintelligence Program (COINTEDPRO) again the BPP. On pags 34 of the Opinion, £ootnote 20, Judge a Swygert states: —_ -s 5 Iz should bs noted that when we refer toa conspiracy arong defendants, we are rot pass- ing on the ultimate validity of. plaintiffs’ Claims. We merely are commenting on plain- tiffs' claims and evidence from which a jury ~ reasonably could infer that a conspiracy or conspiracies ¢xisted ~ (CONTINGED OVER)