368 U.S. 346 (1961), Bailey v. Patterson

Citation368 U.S. 346, 82 S.Ct. 282, 7 L.Ed.2d 332
Party NameSamuel BAILEY et al., v. Joe T. PATTERSON et al.
Case DateDecember 18, 1961
CourtUnited States Supreme Court

Page 346

368 U.S. 346 (1961)

82 S.Ct. 282, 7 L.Ed.2d 332

Samuel BAILEY et al.,

v.

Joe T. PATTERSON et al.

United States Supreme Court.

Dec. 18, 1961

Proceeding on motion for injunction to stay prosecution of criminal cases in Mississippi courts, pending an appeal from the judgment of a federal district court. The Supreme Court denied the motion, particularly in view of fact that movants themselves were not being prosecuted in the Mississippi courts.

Motion denied.

COUNSEL

[82 S.Ct. 282] Constance Baker Motley, Jack Greenberg, James M. Nabrit III and R. Jess Brown, for movants.

Joe T. Patterson, Atty. Gen. of Mississippi, Charles Clark and Peter M. Stockett, Special Asst. Attys. Gen., and Dugas Shands and Edward L. Cates, Asst. Attys. Gen., for respondents Patterson and others.

Thomas H. Watkins, for respondents City of Jackson and others.

Solicitor General Cox, Assistant Attorney General Marshall, Harold H. Greene and Howard A. Glickstein, for the United States, as amicus curiae.

OPINION

PER CURIAM.

This is a motion for an injunction to stay the prosecution of a number of criminal cases in the courts of Mississippi pending an appeal to this Court from the judgment of a three-judge Federal District Court. 199 F.Supp. 595. A federal injunction to stay state criminal proceedings is an extraordinary remedy. Cf. Douglas v. City of Jeannette, 319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324; Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714. In addition to the considerations normally attending an application for such relief, a serious question of standing is presented on this

Page 347

motion, in that it appears that the movants themselves are not being prosecuted in the Mississippi courts. On the record before us the motion for a stay injunction pending appeal is denied.

Motion denied.

Mr. Justice BLACK and Mr. Justice FRANKFURTER concur in the denial of a stay solely on the ground that the three movants are the themselves being prosecuted or threatened with prosecutions in Mississippi and they therefore reach no other questions.

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10 practice notes
  • 369 U.S. 31 (1962), 643, Bailey v. Patterson
    • United States
    • Federal Cases United States Supreme Court
    • February 26, 1962
    ...v. Bennett, 360 U.S. 471. We denied a motion to stay the prosecution of a number of criminal cases pending disposition of this appeal. 368 U.S. 346. Appellants lack standing to enjoin criminal prosecutions under Mississippi's breach of peace statutes, since they do not allege that they have......
  • 378 F.Supp. 1390 (S.D.N.Y. 1974), 73 Civ. 4577, Perez v. Lavine
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • July 22, 1974
    ...deemed 'essentially fictitious', 'obviously frivolous', or 'obviously without merit.' See Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 332 (1962); Hannis Distilling Co. v. Baltimore, 216 U.S. 285, 30 S.Ct. 326, 54 L.Ed.2d 482 (1910); Levering & Garrigues Co. v. Morrin, 289 ......
  • 359 F.Supp. 921 (S.D.Tex. 1973), Civ. A. 73-H-243, Stuart v. Heard
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • June 6, 1973
    ...not rise to the level of a federal question, a three judge court is not required. Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 282, 7 L.Ed.2d 332 (1962), and A. C. L. U. v. Wallace, 456 F.2d 1069 (5th Cir. 1972). It is clear from the foregoing discussion that, while other forms of sex dis......
  • 453 U.S. 928 (1981), A-72, Graddick v. Newman
    • United States
    • Federal Cases United States Supreme Court
    • September 2, 1981
    ...an applicant must make a showing of a threat of irreparable injury to interests that he properly represents. See Bailey v. Patterson, 368 U.S. 346, 346-347, 82 S.Ct. 282, 282, 7 L.Ed.2d 332 (1961) (per curiam). This requirement has two dimensions. The first, embraced by the concept of "......
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10 cases
  • 369 U.S. 31 (1962), 643, Bailey v. Patterson
    • United States
    • Federal Cases United States Supreme Court
    • February 26, 1962
    ...v. Bennett, 360 U.S. 471. We denied a motion to stay the prosecution of a number of criminal cases pending disposition of this appeal. 368 U.S. 346. Appellants lack standing to enjoin criminal prosecutions under Mississippi's breach of peace statutes, since they do not allege that they have......
  • 378 F.Supp. 1390 (S.D.N.Y. 1974), 73 Civ. 4577, Perez v. Lavine
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • July 22, 1974
    ...deemed 'essentially fictitious', 'obviously frivolous', or 'obviously without merit.' See Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 332 (1962); Hannis Distilling Co. v. Baltimore, 216 U.S. 285, 30 S.Ct. 326, 54 L.Ed.2d 482 (1910); Levering & Garrigues Co. v. Morrin, 289 ......
  • 359 F.Supp. 921 (S.D.Tex. 1973), Civ. A. 73-H-243, Stuart v. Heard
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • June 6, 1973
    ...not rise to the level of a federal question, a three judge court is not required. Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 282, 7 L.Ed.2d 332 (1962), and A. C. L. U. v. Wallace, 456 F.2d 1069 (5th Cir. 1972). It is clear from the foregoing discussion that, while other forms of sex dis......
  • 453 U.S. 928 (1981), A-72, Graddick v. Newman
    • United States
    • Federal Cases United States Supreme Court
    • September 2, 1981
    ...an applicant must make a showing of a threat of irreparable injury to interests that he properly represents. See Bailey v. Patterson, 368 U.S. 346, 346-347, 82 S.Ct. 282, 282, 7 L.Ed.2d 332 (1961) (per curiam). This requirement has two dimensions. The first, embraced by the concept of "......
  • Free signup to view additional results