Abernathy v. Patterson, 19023.
Decision Date | 31 October 1961 |
Docket Number | No. 19023.,19023. |
Parties | Ralph D. ABERNATHY et al., Appellants, v. John PATTERSON, Individually and as Governor of Alabama, et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Charles S. Conley, Montgomery, Ala., Eugene Cotton, Richard F. Watt, Cotton, Fruchtman & Watt, Chicago, Ill., for appellants.
M. Roland Nachman, Jr., Robert P. Bradley, Sam Rice Baker, Montgomery, Ala., Steiner, Crum & Baker, Montgomery, Ala., of counsel, for appellees.
Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.
The complaint filed by four Negro ministers describes this action as "a suit of a civil nature to redress the deprivation under color of state law, statutes, ordinances, regulations, custom or usage, of rights, privileges and immunities secured by the Constitution of the United States and by Acts of Congress providing for equal rights of citizens and all persons within the jurisdiction of the United States." It states that the action is brought under the Constitution of the United States, Article IV, Section 2, and the 13th, 14th and 15th Amendments to the Constitution, and under 28 U.S.C.A. §§ 1331(a) and 1343(3) and (4), and under 42 U.S.C.A. §§ 1983 and 1985(3). The defendants, sued individually and as officers, are the Governor of Alabama, the Mayor of Montgomery, the Commissioner of Police of Montgomery, the Commissioner of Public Affairs of Montgomery, and the Sheriffs of four Alabama counties — Montgomery County, Mobile County, Jefferson County and Marengo County.
The complaint alleges that each of the plaintiffs, individually and through his association with various named organizations and in association with other persons, The complaint then charges that, "in or about February 1960, several of the defendants and divers others co-conspirators, the names of whom are to the plaintiffs presently unknown, entered into a conspiracy, individually and under the authority of their offices, to prevent the plaintiffs and others from accomplishing their objectives as aforesaid and to deprive the plaintiffs and others of the equal protection of the laws and of their equal privileges and immunities under the laws and from exercising their rights and privileges as citizens of the United States, and to deprive them of their rights, privileges and immunities secured by the Constitution and laws of the United States and entered into a conspiracy to deprive the plaintiffs of their rights to access to a free press, free speech and peaceful assembly as well as the right to petition for redress of grievances guaranteed to them under the 1st Amendment of the Constitution, as incorporated in the 14th Amendment thereto."
Proceeding, the complaint details a number of instances in which it is alleged that Negro students and Negro citizens of Montgomery have been denied rights guaranteed to them by the Constitution and laws of the United States. It then alleges that on or about March 29, 1960, "supporters of the plaintiffs and the movement for equality which they lead" inserted in the New York Times a paid advertisement purporting to be signed by eighty persons, many of them prominent Americans from various walks of life. A copy of the advertisement is attached as an Exhibit to the complaint. It is captioned "Heed Their Rising Voices," and urges contributions to a "Committee to Defend Martin Luther King and The Struggle for Freedom in the South." A part of the advertisement makes specific reference to Montgomery, Alabama, as follows:
Following the names of those sponsoring the advertisement is a line reading: "We in the south who are struggling daily for dignity and freedom warmly endorse this appeal," which in turn purports to be signed by twenty ministers including the four plaintiffs. The complaint then alleges:
According to the complaint, separate libel suits were instituted by Governor Patterson, Mayor James, and Commissioners Sullivan and Parks. Mayor James' and Commissioner Sullivan's actions have proceeded to judgment in the Circuit Court of Montgomery County, Alabama, damages in the amount of $500,000 having been awarded to each of them against the four Negro ministers and The New York Times. It is alleged that to stay execution pending appeals in the two cases, the plaintiffs are required under Alabama law to post supersedeas bonds in the aggregate amount of $2,000,000, which they are financially unable to do. Plaintiffs are, in addition, "subjected to preparation for further trials in the Parks and Patterson cases, which are still pending * * *."1
Irreparable damage is alleged as follows:
The averment as to lack of an adequate remedy at law is:
2
The relief prayed for is as follows:
Concurrently with the filing of the complaint, the plaintiffs moved for a preliminary injunction to prevent the levy upon and sale of their property in satisfaction of the two $500,000 judgments. On the same date, the district court denied the motion for preliminary injunction, stating:
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Armstrong v. Board of Education of City of Birmingham, Ala.
...not included in the computations dealt with in Part III of the opinion. Following are the four omitted cases: 2?. Abernathy v. Patterson, Oct. 31, 1961, 5 Cir., 295 F.2d 452. Enjoining "segregated" state courts. Circuit Judges Rives and Wisdom, District Judge Carswell. Opinion by Judge Rive......
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Smith v. State
...damage and the absence of a plain, adequate, and complete remedy at law." 15 Am. Jur.2d, Civil Rights § 274 (citing Abernathy v. Patterson, 295 F.2d 452, 456 [5th Cir.1961], cert. denied 368 U.S. 986, 82 S.Ct. 601, 7 L.Ed.2d 524 [1962] ) (dismissal of suit for injunctive relief under § 1983......
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Parks v. New York Times Company
...against appellant Patterson seeking relief, inter alia, from the consequences of these and other libel suits. Abernathy et al. v. Patterson, 5 Cir., 1961, 295 F.2d 452. The question before us is whether appellee, The New York Times Company, could remove the suits of appellants to the Federa......