In a civil action brought by appellant against two police officers for assault, what is the effect of the assault on the officers?
MultiRegion, United States of America
The following excerpt is from United States v. Montanaro, 362 F.2d 527 (2nd Cir. 1966):
We find no merit in appellant's contention that because the gambling tax statutes may in the future be held unconstitutional, the officers assaulted were not in the performance of their official duties. There is no claim that the warrants were not on their face valid, and correct in form, and the statutes had been upheld. United States v. Kahriger, 345 U.S. 22, 73 S.Ct. 510, 97 L.Ed. 754 (1953).
[362 F.2d 529]
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