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Fred Hampton — Part 3
Page 99
99 / 251
Nos. 77-1698, 77-1210 & 77-1370 95
this record that the ebullient trial counsel were in-
timidated by the judge. In this circuit, voir dire of the
jury is conducted by the trial judge. Yet in this civil
case, failing to get special treatment, the plaintiffs claim
they were treated unfairly.
If there is merit in claims of incorrect judicial rulings,
those rulings should speak for themselves in requiring
reversal and they do not need to be sandwiched in
a desperate collage of conclusory overstated charac-
terizations. Even though it often might seem that
heaping abuse on public officials is now a favorite public
pastime, it does appear to me that the proper place for
this steam-venting is other than in the area of appellate
review. We have here the matter of the propriety of
directed verdicts. I should think that while hyperbolic
and cynical character castigations might create an at-
mosphere of suspicion and distrust, even though un-
founded, it does not upon examination provide a case or
controversy to go to a jury. I do not, I hasten to add,
mean to suggest that history has not recorded corrupt
governments, or public officials who have intentionally
deprived citizens of those rights which are given to
them by our constitution. When, however, the’ charge
is a broadside condemnation of the entire fabric of law
enforcement in a large metropolis, we at the very least
ought to examine most carefully the underlying facts to
see if the charges are reasonably inferable or are
nothing more than fanciful conjectures.
Chief Judge Fairchild observes in his concurring opin-
ion that the main objective of the plaintiffs appears to
be the recovery of damages arising from the events of
the raid. I agree with him insofar as the Hampton plain-
tiffs are concerned but, as I have already indicated. it
appears to me that the Anderson plaintiffs have a secon-
dary objective, indeed, one which may well be a primary
objective in view of their emphasis on it, and that is to
use this litigation as an exposition ground for political
philosophy and the courtroom as a political forum. If
law enforcement or other government officials are
demonstrated by evidence as having deprived citizens of
their constitutional rights and in the process of such
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