Adams v. Walker, 73-1491.
| Decision Date | 27 June 1973 |
| Docket Number | No. 73-1491.,73-1491. |
| Parties | Donald G. ADAMS, Plaintiff-Appellee, v. Daniel WALKER, a/k/a Dan Walker, Individually and as Governor of the State of Illinois, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
William J. Scott, Atty. Gen., Herbert L. Caplan, Asst. Atty. Gen., Chicago, Ill., for defendant-appellant.
Richard A. Hollis, Springfield, Ill., for plaintiff-appellee.
Before FAIRCHILD, PELL and STEVENS, Circuit Judges.
This matter is before the court on the emergency motion of the defendant Daniel Walker, Governor of the State of Illinois, requesting a stay of the orders of the United States District Court for the Southern District of Illinois pending the disposition of the appeal from said orders. The plaintiff-appellee has filed his response to the granting of such a stay. A temporary stay was granted by this court pending further study of the immediate matter. We are not now making any final determination of the substantive issues or of the ultimate merits of the appeal. Nevertheless, one of the primary considerations for this court's present determination must be whether the appellant has made a strong showing that he is likely to prevail on the merits of his appeal. Miltenberger v. Chesapeake & Ohio Railway, 450 F.2d 971, 974 (4th Cir.1971). The relief here requested has been termed an extraordinary remedy. Belcher v. Birmingham Trust National Bank, 395 F.2d 685, 686 (5th Cir.1968).
In Belcher, other factors for consideration are set forth: (a) whether movants have shown that unless a stay is granted they will suffer irreparable injury; (b) whether a stay would substantially harm other parties to the litigation; and (c) where lies the public interest? 395 F.2d at 686.
We consider the various applicable factors in reverse order. The appellant has not demonstrated any public interest overriding the asserted claims of impermissible deprivation of constitutionally protected rights to due process. Likewise, the appellant has not negated the real likelihood of substantial harm to the appellee, the only other party to the litigation, during an appeal-related stay. We do not deem it to be a satisfactory answer to say, as does the appellant, that if the appellee ultimately prevails he will be deemed to have held office continuously since his purported removal from office. Such retroactive balm would scarcely heal the wounds of divestiture from a statutorily specified term of office under the cloud of an assertion by the chief executive of the state of "incompetence, neglect of duty and malfeasance in office and other cause."
As we read the appellant's motion he does not purport to claim that he will suffer irreparable injury unless a stay is granted unless such a claim is found in the averment that in the absence of a stay the district court "threatens to immediately impose sanctions against defendant." A violation of a court order may well produce the imposition of sanctions. That other purported appointees to a vacancy predicated upon constitutionally impermissible...
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Adams v. Walker, 73-1491.
...denied the stay because Governor Walker had not made the requisite substantial showing of probable success on his appeal. Adams v. Walker, 488 F.2d 1064 (7th Cir. 1973). We stated there: "While the appellant was entitled under Article 5, § 10 of the Illinois Constitution to remove the appel......
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Rite-Hite Corp. v. Kelley Co., Inc.
...a stay would not substantially harm other parties to the litigation; and (4) that a stay is in the public interest. Adams v. Walker, 488 F.2d 1064, 1065 (7th Cir.1973); Decker v. U.S. Department of Labor, 485 F.Supp. 837, 844 (E.D.Wis.1980). A showing of absolute probability of success on t......
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Hinrichs v. Bosma
...endorsement of one particular religion. But comity does not amount to immunity from the United States Constitution. Adams v. Walker, 488 F.2d 1064, 1065 (7th Cir.1973) (denying stay pending appeal of order requiring reinstatement of state official; "We do not undertake lightly an intrusion ......
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Oppenheimer Mendez v. Acevedo
...397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970); Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971); Adams v. Walker, (7 Cir. 1973), 488 F.2d 1064. The kind of procedures that would satisfy due process requirements may vary to comply with the exigencies of the imaginable s......