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Fred Hampton — Part 3
Page 163
163 / 251
Memorandum to The Director :
Re: IBERIA HANPTON, #t al. ~
CITY OF CHICAGO, et al.
Therefor+, he holds that the question whether the Feceral
Gefendants reasonably believed that their conduct did not
violate a Constitutional right should have been submitted
to the jury. -
Judgs Swygert discusses the validity of the search
warrant which precipitated the raid. Citing Roviaro v. U.S..,
353 U.S. 53(1957), he orders state defendant Groth to identify
his informant who provided the probable-cause information which
supportecé the issuance of the search warrant. He states that
the evidence shows that Groth either @id not have an informant
or his informant was, in fact, O'Neal. Based on this evaluation,
Judge Swygert argues that this would be powerful evidence
of Groth's bad faith as well as highlighting the importance
of the Federal defendants in the alleged conspiracy.
Sudce Swygert spends several pages challenging the
Trial Court's discovery rulings during this protracted litiga-—
tion. And even though the plaintiffs entered more than
37,000 cages into evidence, Judae Swygert holds that on re-~-
trial the court should consider plaintiffs' contention that
they ultimately were denied full discovery and sanctions
‘should b+ imposed against the Federal defendants and coun-
‘sel for- repeatedly disobeying court orders to produce doc-
umentary Material.
The following miscellaneous items were addressed
by Judge Swygert: @ismissal of plaintiff Brewer's diversity
count, attorney's fees, and the.contempt judgments against
plaintiffs' attorneys, Jeffrey H. Haas and G. Flint Taylor.
Although these issues were reversed in favor of the plain-
tiffs, they are outside the scope of this memo. —
(CONTINGED OVER)
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