# Marshall v. Sawyer, 365 F.2d 105 (9th Cir. 1966)

Canonical: https://mobfiles.org/items/courtlistener-marshall-v-sawyer-365-f2d-105/

Ninth Circuit opinion of August 10, 1966 affirming judgment against John Marshall, who sued Nevada officials and the Desert Inn's operator after being excluded from casinos as one of eleven men in the 1960 "black book," with a footnote giving his birth name as Marchello Caifano.

United States Court of Appeals, Ninth Circuit, No. 20145, August 10, 1966, before Judges Pope, Hamley and Koelsch, with the opinion by Judge Hamley. John Marshall sued as the victim of "an unconstitutional agreement and policy to discriminate against him and to bar him from the State of Nevada, as an 'undesirable' person." He named state officials, the Gaming Control Board and Commission, D. I. Operating Company, which operates the Desert Inn, and five of its employees. After a non-jury trial the district court entered judgment for the defendants, and the Ninth Circuit affirmed.

The opinion explains that in February and March 1960 the board and commission compiled "a brochure commonly referred to as the black book," with the "name, photograph, description and other identifying data of eleven men," and that "Marshall is one of the persons so identified in the black book." In October 1960 he registered at the Tropicana Hotel and was asked to leave, and on October 28, 1960 he was asked to leave the Desert Inn. The court recites the district court's findings that his name was in the book because of an extensive police record spanning April 1929 to August 1952, with six convictions, obtained under names "including the names Joe Russo, Frank Roberto, Marshall Cafano, Joseph Rinaldi and George Marshall," and that he admitted booking illegal horse-race bets in Chicago between 1937 and 1951.

A footnote quotes a California report on organized crime, which the court says the board possessed, as calling him "Reported to be top Lieutenant in Tony Accardo's Syndicate, the successor of the old Capone gang," and adds that "Plaintiff was born Marchello Caifano in New York City, and legally changed his name to John Michael Marshall in 1955." Those words are the California report's and the opinion quotes them in a margin note. They are not a finding of the court.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/272871/john-marshall-v-grant-sawyer-as-governor-of-the-state-of-nevada/