# Giancana v. Johnson, 335 F.2d 366 (7th Cir. 1964)

Canonical: https://mobfiles.org/items/courtlistener-giancana-v-johnson-335-f2d-366/

Seventh Circuit opinion of June 30, 1964 vacating an injunction that had restricted FBI surveillance of Sam Giancana, for want of district-court jurisdiction.

United States Court of Appeals, Seventh Circuit, decided June 30, 1964. The defendant-appellant is Marlin W. Johnson, special agent in charge of the Chicago office of the Federal Bureau of Investigation, who appealed from a preliminary injunction that restrained his agents in their surveillance of the plaintiff, Sam Giancana.

The opinion describes the suit as "growing out of alleged surveillance of plaintiff, his home and his recreation, by FBI agents." The district court had found the plaintiff's rights violated and granted the injunction. The majority holds that the district court lacked jurisdiction because the complaint did not allege the required amount in controversy and did not state a claim under any Act of Congress for the protection of civil rights.

Disposition: "Judgment vacated and the cause remanded for proceeding not inconsistent with this opinion." One judge wrote separately and would have affirmed.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/265199/sam-giancana-v-marlin-w-johnson-agent-in-charge-chicago-office-of-the/