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SMITH v. ROSENBAUM

July 1, 1971

Harvey SMITH
v.
Walter ROSENBAUM et al.


John W. Lord, Jr., Chief Judge.


The opinion of the court was delivered by: LORD, JR.

The above entitled action was tried on November 30, December 1, 2, 3, and 4, 1970. The Court makes the following Findings of Fact and Conclusions of Law.

 FINDINGS OF FACT

 1. The plaintiff is Harvey Smith, a citizen of the United States and the Commonwealth of Pennsylvania. The plaintiff originally filed this action pro se alleging, inter alia, that defendants Walter Rosenbaum, Vernon Marks, and Sidney Grobman had, acting under color of law, custom, and usage, deprived plaintiff of rights secured to him by the Constitution and laws of the United States, and had conspired for the purposes of depriving the plaintiff of the equal protection of the law and equal privileges and immunities under the law and performed certain acts pursuant to the alleged conspiracy.

 2. The defendant, Walter Rosenbaum, is a resident of the Commonwealth of Pennsylvania and is engaged in the business of being a bail bondsman with a regular place of business at 1721 North 17th Street, Philadelphia, Pennsylvania.

 3. The defendant, Vernon Marks, is a resident of the Commonwealth of Pennsylvania and is engaged in the business of being a bail bondsman with a regular place of business at One North 13th Street, Philadelphia, Pennsylvania.

 4. The defendant, Sidney Grobman, is presently Clerk of the Court of Common Pleas -- Criminal Section, and was at all times relevant to the instant case employed by the Commonwealth of Pennsylvania as Clerk of the Quarter Sessions Court of the County of Philadelphia.

 5. The jurisdiction of this Court as to the present action is founded on 28 U.S.C. § 1343; 28 U.S.C. § 1443; 42 U.S.C. § 1983; 42 U.S.C. § 1985, and pendent jurisdiction.

 6. On August 9, 1966, the plaintiff was arrested on a charge of carrying a concealed deadly weapon, for which bail was set at $300.00. The plaintiff paid defendant Rosenbaum $30.00 to post bail bond on plaintiff's behalf. Subsequently, the bail bond was posted and the plaintiff was released pending trial. The September Grand Jury subsequently returned Bill of Indictment No. 992 against the plaintiff on the aforementioned charge.

 7. On September 12, 1966, the plaintiff was arrested on charges of illegal possession of narcotics and carrying a concealed deadly weapon, for which bail was set in the amount of $800.00. The plaintiff paid defendant Marks $89.00 to post a bail bond on his behalf. Subsequently, the bail bond was posted and the plaintiff was released pending a further hearing scheduled for September 19, 1966. At the hearing, bail was increased to $1,500.00. The plaintiff paid defendant Marks an additional $135.00 to post a bond to meet the increased bail in order that the plaintiff could remain at liberty until trial. The October Grand Jury subsequently returned Bills of Indictment No. 1867 and 1868 against the plaintiff on the aforementioned charges.

 8. On September 13, 1966, the plaintiff was arrested on a charge of illegal possession of narcotics for which bail was set at $800.00. The plaintiff paid defendant Marks $89.00 to post a bail bond on his behalf. Subsequently, the bail bond was posted and plaintiff was released pending a hearing scheduled for September 20, 1966. At the hearing, bail was increased to $1,500.00. The plaintiff paid defendant Marks an additional $135.00 to post a bond to meet the increased bail in order that the plaintiff could remain at liberty until trial. The October Grand Jury subsequently returned Bill of Indictment No. 2145 against the plaintiff on the aforementioned charge.

 9. On December 6, 1966, the plaintiff was arrested on a charge of attempted burglary and possession of burglary tools and was held in $1,500.00 bail.

 10. On December 7, 1966, defendant, Vernon Marks, obtained bail pieces from the defendant, Sidney Grobman, who was the Clerk of the Quarter Sessions Court. These bail pieces were lodged as a detainer against plaintiff who was still incarcerated on his December 6, 1966 arrest.

 11. The bail pieces covered plaintiff's bonds on Bills of Indictment September 1966 No. 992, October 1966 Nos. 1867 and ...


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