Bailey v. Patterson, No. 643

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation369 U.S. 31,82 S.Ct. 549,7 L.Ed.2d 512
Docket NumberNo. 643
Decision Date26 February 1962
PartiesSamuel BAILEY et al., Appellants, v. Joe T. PATTERSON et al

369 U.S. 31
82 S.Ct. 549
7 L.Ed.2d 512
Samuel BAILEY et al., Appellants,

v.

Joe T. PATTERSON et al.

No. 643.
Decided Feb. 26, 1962.

Page 32

Constance Baker Motley, Jack Greenberg, James M. Nabrit III and R. Jess Brown, for appellants.

Dugas Shands and Edward L. Cates, Asst. Attys. Gen. of Mississippi, and Charles Clark, Sp. Asst. Atty. Gen., for appellee Patterson.

Thomas H. Watkins, for appellee City of Jackson, Mississippi, and others.

Junior O'Mara, for appellee Greyhound Corp. and others.

PER CURIAM.

Appellants, Negroes living in Jackson, Mississippi, brought this civil rights action, 28 U.S.C. § 1343(3), 28 U.S.C.A. § 1343(3), in the United States District Court for the Southern District of Mississippi, on behalf of themselves and others similarly situated, seeking temporary and permanent injunctions to enforce their constitutional rights to nonsegregated service in interstate and intrastate transportation, alleging that such rights had been denied them under color of state statutes, municipal ordinances, and state custom and usage.* A three-judge District Court was convened, 28 U.S.C. § 2281, 28 U.S.C.A. § 2281, and, Circuit Judge Rives dissenting, abstained from further proceedings pending construction of the challenged laws by the state courts. 199 F.Supp. 595. Plaintiffs have appealed, 28 U.S.C. § 1253, 28 U.S.C.A. § 1253; N.A.A.C.P. v. Bennett, 360 U.S. 471, 79 S.Ct. 1192, 3 L.Ed.2d 1375. We denied a motion to stay the prosecution of a number of criminal cases pending disposition of this appeal. 368 U.S. 346, 82 S.Ct. 282.

Appellants lack standing to enjoin criminal prosecutions under Mississippi's breach-of-peace statutes, since they do not allege that they have been prosecuted or threatened with prosecution under them. They cannot

Page 33

represent a class of whom they are not a part. McCabe v. Atchison, T. & S.F.R. Co., 235 U.S. 151, 162—163, 35 S.Ct. 69, 71, 59 L.Ed. 169. But as passengers using the segregated transportation facilities they are aggrieved parties and have standing to enforce their rights to nonsegregated treatment. Mitchell v. United States, 313 U.S. 80. 93, 61 S.Ct. 873, 876, 85 L.Ed. 1201; Evers v. Dwyer, 358 U.S. 202, 79 S.Ct. 178, 3 L.Ed.2d 222.

We have settled beyond question that no State may require racial segregation of interstate or intrastate transportation facilities. Morgan v. Commonwealth of Virginia, 328 U.S. 373, 66 S.Ct. 1050, 90 L.Ed. 1317; Gayle v. Browder, 352 U.S. 903, 77...

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549 practice notes
  • Lopez v. White Plains Housing Authority, No. 72 Civ. 223.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 4, 1972
    ...action on behalf of disenfranchised voters. The appellants `cannot represent a class of which they are not a part, Bailey v. Patterson, 369 U.S. 31, 32-33 82 S.Ct. 549, 550, 7 L.Ed.2d 512. . . ." 396 U.S. at 48-49, 90 S.Ct. at 202. (Emphasis added.) See also Watkins v. Chicago Housing Autho......
  • E.E.O.C. v. Chicago Club, No. 95-2323
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 6, 1996
    ...(quoting Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579, 24 S.Ct. 553, 557, 48 L.Ed. 795 (1904)); see also Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 549, 550-51, 7 L.Ed.2d 512 (1962). A claim is devoid of merit if "its unsoundness so clearly results from the previous decisions......
  • Smith v. Board of Education of Morrilton Sch. Dist. No. 32, No. 18243.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 14, 1966
    ...individual member of a class. Certainly a class action, under Rule 23(a), must be brought by a member of the class. Bailey v. Patterson, 369 U.S. 31, 32-33, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962). But to argue that ATA here is not a member of the class for which relief is sought is, we think, b......
  • Denver Area Educ. Telecomm. Consortium v. Fcc, 95124
    • United States
    • United States Supreme Court
    • June 28, 1996
    ...Equal Protection Clause it could not define common carriage in ways that discriminate against suspect classes. See Bailey v. Patterson, 369 U. S. 31, 33 (1962) (per curiam) (States may not require railroads to segregate the races). For the same reason, even if Congress has no obligation to ......
  • Request a trial to view additional results
549 cases
  • Lopez v. White Plains Housing Authority, No. 72 Civ. 223.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 4, 1972
    ...action on behalf of disenfranchised voters. The appellants `cannot represent a class of which they are not a part, Bailey v. Patterson, 369 U.S. 31, 32-33 82 S.Ct. 549, 550, 7 L.Ed.2d 512. . . ." 396 U.S. at 48-49, 90 S.Ct. at 202. (Emphasis added.) See also Watkins v. Chicago Housing Autho......
  • E.E.O.C. v. Chicago Club, No. 95-2323
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 6, 1996
    ...(quoting Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579, 24 S.Ct. 553, 557, 48 L.Ed. 795 (1904)); see also Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 549, 550-51, 7 L.Ed.2d 512 (1962). A claim is devoid of merit if "its unsoundness so clearly results from the previous decisions......
  • Smith v. Board of Education of Morrilton Sch. Dist. No. 32, No. 18243.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 14, 1966
    ...individual member of a class. Certainly a class action, under Rule 23(a), must be brought by a member of the class. Bailey v. Patterson, 369 U.S. 31, 32-33, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962). But to argue that ATA here is not a member of the class for which relief is sought is, we think, b......
  • Denver Area Educ. Telecomm. Consortium v. Fcc, 95124
    • United States
    • United States Supreme Court
    • June 28, 1996
    ...Equal Protection Clause it could not define common carriage in ways that discriminate against suspect classes. See Bailey v. Patterson, 369 U. S. 31, 33 (1962) (per curiam) (States may not require railroads to segregate the races). For the same reason, even if Congress has no obligation to ......
  • Request a trial to view additional results
1 books & journal articles
  • Jurisdictional Avoidance: Rectifying the Lower Courts' Misapplication of Steel Co.
    • United States
    • Harvard Journal of Law & Public Policy Vol. 44 Nbr. 1, January 2021
    • January 1, 2021
    ...majority in its discussion of Norton. 523 U.S. at 98). (44.) Norton, 427 U.S. at 531-32 (citations omitted) (quoting Bailey v. Patterson, 369 U.S. 31, 34 (1962)). (45.) Steel Co., 523 U.S. at 98; cf. Bell v. Hood, 327 U.S. 678, 682-83 (1946) (holding that a suit which is "wholly insubstanti......

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