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Pugach v. Klein

United States District Court for the Southern District of New York

193 F. Supp. 630 (1961)

Relevant factsFree

After New York police and prosecutors obtained a state-court order authorizing a wiretap that led to Pugach's arrest and indictment, Pugach (plaintiff) petitioned for a writ of mandamus to force the federal prosecutor to bring charges against the officer, an assistant district attorney, and the presiding county judge, arguing the wiretap violated the Federal Communications Act even though it complied with New York law.

IssueFree

Whether the United States Attorney, rather than the courts, holds discretion over whether to prosecute state law enforcement agencies, prosecutors, and judges for investigation practices that comply with state law but allegedly violate federal law.

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