Friedman v. United States

677 F. Supp. 1160, 1987 U.S. Dist. LEXIS 12636, 1987 WL 34135
CourtDistrict Court, N.D. Georgia
DecidedDecember 11, 1987
DocketCiv. No. C84-1627
StatusPublished
Cited by2 cases

This text of 677 F. Supp. 1160 (Friedman v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friedman v. United States, 677 F. Supp. 1160, 1987 U.S. Dist. LEXIS 12636, 1987 WL 34135 (N.D. Ga. 1987).

Opinion

ORDER

ORINDA D. EVANS, District Judge.

This suit for damages under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., came before the court for nonjury trial on November 16-25, 1987.

Plaintiff Hirsch Friedman is a practicing attorney in Atlanta, Georgia. At certain times, he acted in an uncompensated undercover capacity for the Federal Bureau of Investigation (“FBI”). He sues the Defendant, the United States, to collect damages flowing from the alleged negligent failure of the FBI to warn him of or otherwise protect him from an alleged threat to his life. Mr. Friedman claims that this failure was the proximate cause of the serious physical injuries he sustained when his car was bombed on August 17, 1982.

Having heard the evidence and arguments of counsel, the court hereby finds and concludes as follows:

Mr. Friedman has been practicing law in Atlanta since approximately 1976. Beginning about 1978, he began representing discos, nightclubs, and other establishments featuring nude entertainment. Eventually he represented the majority of such establishments in Atlanta. In the fall of 1978, he met with persons associated with the “The She Club” to discuss its representation, including the financial arrangements. The meeting was attended by Betty Jo Harris and B.C. Collins, license holders for the Club, Carl Coppola, and others. No one specifically stated to Mr. Friedman that Mr. Coppola owned the Club, but he did, in the sense that he controlled the Club’s finances.

Mr. Friedman began representing the She Club in late 1978. This continued through 1979. His representation centered on protecting the Club’s liquor and business licenses, which were threatened from time to time because of claimed violations of city ordinances. Ms. Collins and Ms. Harris as license holders were generally the parties in the cases. Mr. Coppola was never a party. Ms. Harris periodically took cash to Mr. Friedman from Mr. Coppola to pay legal fees. There is no evidence that she specifically told Friedman that the money was from Coppola. However, Coppola personally complained to Friedman about the fees.

Mr. Friedman won a trial in early 1979 involving an attempted license revocation. Coppola congratulated Mr. Friedman in the courthouse corridor and invited him to have a celebratory drink that evening. Also, Mr. “T”,1 manager of the She Club, hired Friedman to represent him in a criminal matter. Mr. T paid Mr. Friedman in cash; when he did, he told Friedman the money was “from Carl.”

In early 1979, Lenny Lowenstein, a client of Mr. Friedman who owned a nightclub, [1162]*1162told Friedman that a city zoning inspector named John Collicott was trying to extort money from him. Mr. Friedman contacted city authorities and was put in touch with City of Atlanta Detective Aubrey Melton. Melton was already investigating a claim that Collicott was trying to extort money from another nightclub owner, David Webb. This was a joint investigation between the City of Atlanta police and the FBI. The two agencies had agreed that FBI Special Agent John McAvoy would be the case agent. After being interviewed by Melton and McAvoy, Mr. Friedman agreed to assist them by discussing the attempted extortion of Lowenstein with Collicott while wearing a concealed body recorder and wire transmitter. Friedman did this. In the conversation, Collicott stated he wanted an expense paid trip to Las Vegas. Friedman, acting for the FBI, agreed to this and accompanied Collicott to Las Vegas, where further discussions were covertly tape recorded.

In the spring of 1979, Special Agent McAvoy and Detective Melton decided that Atlanta night club industry was probably being infiltrated by organized crime. They felt the Gambinos, an organized crime group with whom they associated Carl Coppola, were moving in. They felt that perhaps Ronald Zappi, owner of the Numbers Night Club was a member of the Gambino organization. At some point, Melton developed the theory that John Collicott, the city zoning inspector, was actually working for the Gambino interests in seeking to put night clubs not associated with the Gambi-nos out of business.

Also in the spring of 1979, Agents Melton and McAvoy asked Mr. Friedman to assist them in investigating a Miami-based distributor of pornographic materials who was believed to have a tie-in with organized crime; specifically, the Gambinos. They asked Mr. Friedman to accompany them to Miami, visit the distributor's premises, and engage the principals in conversation while wearing a body recorder. During the trip, McAvoy, Melton and Friedman specifically discussed the reputation of the principals as dangerous, violent people.

At about this time, Mr. Friedman specifically discussed with FBI Special Agent McAvoy his concerns that his safety and that of his children might be jeopardized. McAvoy on behalf of the FBI told him that the FBI would protect him in the event there was a threat. In such event, the FBI would do whatever was necessary.

During 1979, Friedman, acting for the FBI, covertly tape recorded many conversations with persons associated with the nude night club and disco industry who were suspected of violations of the law. Typically, Agent McAvoy and Mr. Friedman would agree in advance that no attorney-client relationship between Mr. Friedman and any client would be violated by the planned activity.

In August of 1979, Mr. Friedman covertly recorded a conversation between himself, John Collicott, and Carl Coppola. Col-licott was under investigation at that time. In the course of that conversation, Mr. Coppola made a comment reflecting that he had an interest in the She Club. In response, Mr. Friedman said “... I’m always the last to know who owns what.” During the conversation, Coppola freely discussed a pending criminal matter in Florida in which he was the defendant. He and Friedman discussed the possibility of bribing public officials in connection with that matter and another case. The tape was turned over to the FBI and transcribed.

In the fall of 1979, the FBI confronted John Collicott with the evidence it had against him. Collicott agreed to act as an informant for the FBI. At this point the FBI decided to stop using Mr. Friedman’s undercover assistance. The record does not reflect that the FBI formally told Friedman his services would no longer be needed; however, he was never asked by the FBI to do undercover work again. Nonetheless, Mr. Friedman continued a social relationship with Agent McAvoy. They saw each other regularly and double-dated. McAvoy was best man in Friedman’s wedding in 1981. The two men frequently discussed law enforcement matters. Friedman volunteered information and ideas to McAvoy which he thought the [1163]*1163FBI would be interested in. Some information and ideas were valuable.

In December of 1979, Mr. Friedman was contacted by a Mr. Weiss, who had been sentenced on a felony conviction in federal court. Weiss stated he had information that Roscoe Dean, a member of the Georgia legislature, was involved in a plot to kill Governor George Busbee. Weiss offered to make his information available if the prosecutor would bring his cooperation to the attention of the sentencing judge. Friedman contacted the prosecutor. Weiss’s information was conveyed to the Georgia Bureau of Investigation (“GBI”) and as a consequence, the GBI asked Friedman to do undercover work on the investigation of Roscoe Dean. In January, 1980, Mr.

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Related

Friedman v. United States
865 F.2d 1273 (Eleventh Circuit, 1988)
Campbell v. City of Chicago
823 F.2d 1182 (Seventh Circuit, 1987)

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Bluebook (online)
677 F. Supp. 1160, 1987 U.S. Dist. LEXIS 12636, 1987 WL 34135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedman-v-united-states-gand-1987.