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. . ed e Memorandum to The Diractor . Res ISERIA HAMPTOU, et al. : . CITY OF CHICAGO, et al. Judge Swygert then goes on to: ---pDass on the ultimate vaiidity of plain- tiffs’ claims. The Federal defendants alleged that Sections 1933 and 1985(3) were inapplicable to them in this situation. Judge Swygert holds that the State officials provided the requisite state action to make the entire conspiracy action- able even though the facts show that the only action taken by SA Mitchell was to disseminates information from his in- formant O'Neal to the local state agency. ‘The Federal de- fendants did net participate in the pre-raid planning, the raid itself, or the alleged post-raid coverup. Since the FDI had a COINTELPRO directed against the BPP and since the City of Chicago had Girscted its efforts against ths BPP following a shootout with BPP members in which two policemen died and seven were wounded, Judge Swygert reasons thet a conspiracy existed bstveen the Pederal and state officials. Following this reasoning, anytime an FBI Agent disseminates information to anether Pederal agency or stat2 or local law enforcement agency, an actionable conspiracy could exist. There is no question that a dangerous precedent has been set ‘by Judge Swygert's opinion. Concerning the plaintiffs' claims for the intentional and negligent deprivation of rights which eccurred during the raid (Title 42, U.S. Code, Section 1986), Tuddqe Swygert again holds ths Federal defendants liable based on evidence ci ax~ cessive force, assault, battery, and wrongful death... Quoting Prosser on Torts, Judge Swygert labsls the Federal defendants as joint tortfeasors with the shooters, and rests his case | on the previously discussed conspiracy claims. . Therefore, © . {CONTINUED OVER) vs