In this case, in which the ACLU represented plantiffs Libertarian Party of San Francisco, the Libertarian Party sued the San Francisco Police Department, including Chief of Police Cornelius P. Murphy, for conducting what they alleged to be a retaliatory raid on the Libertarian Party bookstore in October of 1981, and for arresting everyone on the premises at the time of the raid, including bookstore patrons.

Plaintiffs allege that the reason for the raid was a petition circulated by the Libertarian Party in 1979 to place a measure on the ballot to eliminate the San Francisco Police Department's Vice Crimes Division. Though the measure was defeated in the election, it caused great debate about the practices of the Vice Crimes division and focused public attention on the division and its members.

The police officers who conducted the raid exploited the presence of a business with the same address located adjacent to Libertarian Books and Periodicals ("Mail Central," a private mail pick-up and message answering service) from which one of the police officers had, earlier that day, purchased $50 worth of marijuana. The search warrant and the subsequent affidavit signed by Officer LaRocca in support of the warrant did not distinguish between the premises of Mail Central and the larger premises of Libertarian Books and Periodicals, which the plaintiffs argue was strategic.

The plaintiffs report that the bookstore was ransacked and that "defendants intentionally and maliciously pulled books and periodicals from shelves, overturned file cabinets, and shuffled papers." The police officers also "confiscated and destroyed party membership lists, files, photos, printing equipment, and books." Plaintiffs argue that such tactics were commonplace in the Vice Crimes division, and that defendants such as Murphy, Eimil, and Philpott knew of such behavior and failed to appropriately supervise or limit this behavior, and are therefore complicit.

Plaintiffs argue that the above behavior violated their First and Fourth Amendment rights and that the October 6, 1981 raid was "intentionally and maliciously executed for purposes of retaliation, intimidation and retribution against plaintiffs' exercise of constitutional rights."

The Libertarian Party, by way of compromise, offered, by way of letter, to settle the case for $60,000, plus costs and attorneys fees. The offer was good for one month, and no response was ever received. Additionally, the plaintiffs intended to pursue vigorously claims for punitive damages against members of the police department.