You also have to consider such things as New York state law and governmental immunity. Even an "ultra veris (under the cover of authority)" based suit against McCluskey might was not a slam dunk for petitioner especially back then. A tort of some sort might have been successful, but there probably were no federal civil rights laws back then on which to base a suit. And getting a local lawyer to take the case would have been a challenge.
I'm surprised at you, oli. To even CONSIDER the possibility of a Corleone suing for justice in a court is showing a complete misunderstanding of the novel. It's impossible to even think.
Vito Corleone and his world had no use for the judicial system. They took care of their own and metered out justice as they saw fit. This is a basic tenet of their world and it is described at the beginning of the novel (when Bonasera comes to Vito for justice).
I repeat - Vito Corleone or any of his sons would NEVER EVER go to a court for justice.
