The opinion of the court was delivered by: Will, District Judge.
FINDINGS OF FACT and CONCLUSIONS OF LAW
This is an action brought under the Civil Rights Act,
42 U.S.C. § 1983, in which plaintiff, Cambist Films, seeks
injunctive relief from the seizure of a motion picture and from
a criminal prosecution based on the alleged offense of
obscenity. The Court, having considered the pleadings, exhibits
and statements of counsel, and after having viewed the motion
picture film entitled "Aroused", hereby enters the following
Findings of Fact and Conclusions of Law.
1. Plaintiff, Cambist Films, is a corporation duly organized
and existing under the laws of the State of New York, and
owns, licenses, distributes and makes moving picture films.
2. The individual defendants, George Sangmeister, Martin
Jackson, and Dennis Jaskoviak are citizens of the State of
Illinois and officials of the State of Illinois.
3. This Court has jurisdiction of the subject matter of this
action under 42 U.S.C. § 1983.
4. On or about June 1, 1968, defendant George Sangmeister,
together with Will County Circuit Judge Michael A. Orenic,
Will County Magistrate Thomas Wilson, and defendant Dennis
Jaskoviak viewed the film "Aroused", as patrons of the
Princess Theatre, 62 North Chicago Street, in Joliet,
5. After viewing the film "Aroused" and without notice to
the owner of the film, Cambist Films, or to the exhibitor,
Princess Theatre, or to its Manager, Aaron E. Tribbett, and
without their consent, and without affording said persons an
opportunity to be heard or be present, on June 1, 1968
defendant Jaskoviak signed a criminal Complaint asserting that
he had viewed the film, that the film was obscene, and that
the film was showing at the Princess Theatre in Joliet,
6. Pursuant to the filing of said criminal Complaint, a
warrant for the arrest of Aaron E. Tribbett, Manager of the
Princess Theatre, was issued on June 1, 1968, by Thomas
Wilson, Magistrate in the Circuit Court of the 12th Judicial
District, Will County, and a search warrant was also issued
directing that the Princess Theatre in Joliet, Illinois be
searched and that all prints of the film "Aroused'" found
therein be seized.
6. On June 1, 1968, defendants Jaskoviak, Sangmeister and
other persons entered onto the premises of the Princess
Theatre, 62 North Chicago Street, Joliet, Illinois, and seized
the print of the moving picture "Aroused" consisting of four
reels of film, pursuant to the search warrant issued by
Magistrate Wilson. Defendants also arrested Aaron E. Tribbett,
Manager of the Princess Theatre, pursuant
to the Warrant of Arrest issued by Magistrate Wilson.
7. The seizure of the film "Aroused", and the arrest of Mr.
Tribbett, were accomplished without any prior adversary
hearing on the question of obscenity.
8. In Metzger v. Illinois, Civil No. 67 C 2194 (N.D.Ill.
filed June 19, 1968), a judge of this court enjoined the
seizure of the film "I, A Woman" and related criminal
prosecution by officials of the State of Illinois, on the
ground that there had been no adversary hearing on the
question of obscenity prior to the seizure and arrest. On
October 3, 1968, defendant Sangmeister was joined as party
defendant in the Metzger case and was ordered to return the
film "I, A Woman" to the persons from whom it had been seized,
and was restrained from taking any further steps, other than to
ask for dismissal, in the criminal prosecution entitled People
v. Margaret Scalan, W 67 C-47, which was then pending in the
Circuit Court of the 12th Judicial District, Will County,
1. The Court has jurisdiction of the subject matter ...