Boyle v. Landry, No. 4

CourtUnited States Supreme Court
Writing for the CourtBLACK
Citation27 L.Ed.2d 696,401 U.S. 77,91 S.Ct. 758
Docket NumberNo. 4
Decision Date23 February 1971
PartiesJohn S. BOYLE, Chief Judge of the Circuit Court of Cook County, Illinois, et al., Appellants, v. Lawrence LANDRY et al. Re

401 U.S. 77
91 S.Ct. 758
27 L.Ed.2d 696
John S. BOYLE, Chief Judge of the Circuit Court of Cook County, Illinois, et al., Appellants,

v.

Lawrence LANDRY et al.

No. 4.
Reargued Nov. 16, 1970.
Decided Feb. 23, 1971.

Thomas E. Brannigan, Chicago, Ill., for appellants.

Ellis E. Reid, Chicago, Ill., for appellees.

Page 78

Mr. Justice BLACK delivered the opinion of the Court.

This action was brought in federal court by seven groups of Negro residents of Chicago, Illinois, seeking a declaratory judgment and an injunction against the enforcement of a number of Illinois statutes and Chicago ordinances on the grounds that they violated various provisions of the Federal Constitution. The complaint named as defendants and sought relief against a number of officials of Cook County and the City of Chicago: the Mayor, the Chief Judge, and two Magistrates of the Circuit Court, the State's Attorney for the county, the Sheriff, the Superintendent of Police, the city's Corporation Counsel and his assistant, and three city police officers. Their complaint challenged as invalid the Illinois statutes prohibiting mob action,1 resisting arrest, 2 aggravated assault,3 aggravated battery,4 and intimidation.5 They alleged that some of the plaintiffs had been arrested under some of these statutes and that those prosecutions were currently pending in Illinois state courts, and that Negroes were being intimidated in the exercise of their First Amendment rights (1) through the wholesale use of all the statutes alleged to be unconstitutional to prosecute members of the Negro community and (2) through the use of arrests without probable cause, coupled with the setting of exorbitant bail. The complaint contended that the defendants had threatened to enforce all of the named statutes for the sole purpose of harassing and intimidating the plaintiffs. They requested the convening of a three-judge federal court under 28 U.S.C. §§ 2281 and 2284, a declaration that the challenged statutes were unconstitutional, and

Page 79

temporary and permanent injunctions prohibiting the pending and any possible future prosecutions under the statutes in question.

The defendants answered by opposing the convening of a three-judge court and the issuance of a temporary injunction, and moved to dismiss the complaint on the grounds, among other, that (1) as to those plaintiffs against whom prosecutions were then pending, there was an adequate remedy at law in that they would be able to present their constitutional challenges to the statutes involved in the pending criminal proceedings, and that as to such plaintiffs the court was barred by 28 U.S.C. § 2283 from issuing an injunction against state court proceedings,6 and that (2) as to those plaintiffs without matters pending in the state courts, there were no facts alleged in the complaint showing that any of those plaintiffs were threatened with prosecution under any of the challenged statutes, or that they would suffer any irreparable injury...

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296 practice notes
  • HOUSING AUTHORITY OF CITY OF NEWARK v. Henry, Civ. No. 226-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 18, 1971
    ...to include cases where a declaratory judgment is sought to declare certain state criminal statutes unconstitutional; Boyle v. Landry, 401 U. S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971); and Dyson v. Stein, 401 U.S. 200, 91 S......
  • American Booksellers Ass'n, Inc. v. Schiff, Civ. 85-0966 BB.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 3, 1986
    ...274 (1975). The case or controversy requirement of art. III is no less applicable to cases involving the first amendment. Boyle v. Landry, 401 U.S. 77, 80-81, 91 S.Ct. 758, 759-60, 27 L.Ed.2d 696 V. Conclusion It seems to me that this is the paradigmatic case for dismissal for lack of juris......
  • 44 274 Ellis v. Dyson 8212 130, No. 73
    • United States
    • United States Supreme Court
    • May 19, 1975
    ...1215—1216. See gen- Page 435 erally O'Shea v. Littleton, 414 U.S. 488, 493—499, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974); Boyle v. Landry, 401 U.S. 77, 81, 91 S.Ct. 758, 760, 27 L.Ed.2d 696 (1971). Further, the credible threat must be shown to be alive at each stage of the litigation. Steffel v.......
  • Philadelphia News., Inc. v. Borough C., Etc., Swarthmore, Civ. A. No. 74-1569.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 13, 1974
    ...those specific provisions of state law which have provided the basis for threats of criminal prosecution against him. Cf. Boyle v. Landry, 401 U.S. 77, 81, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Watson v. Buck, 313 U.S. 387, 399-400, 61 S.Ct. 962, 85 L.Ed. 1416, 136 A.L.R. 1426 In the instant......
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296 cases
  • HOUSING AUTHORITY OF CITY OF NEWARK v. Henry, Civ. No. 226-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 18, 1971
    ...to include cases where a declaratory judgment is sought to declare certain state criminal statutes unconstitutional; Boyle v. Landry, 401 U. S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971); and Dyson v. Stein, 401 U.S. 200, 91 S......
  • American Booksellers Ass'n, Inc. v. Schiff, Civ. 85-0966 BB.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 3, 1986
    ...274 (1975). The case or controversy requirement of art. III is no less applicable to cases involving the first amendment. Boyle v. Landry, 401 U.S. 77, 80-81, 91 S.Ct. 758, 759-60, 27 L.Ed.2d 696 V. Conclusion It seems to me that this is the paradigmatic case for dismissal for lack of juris......
  • 44 274 Ellis v. Dyson 8212 130, No. 73
    • United States
    • United States Supreme Court
    • May 19, 1975
    ...1215—1216. See gen- Page 435 erally O'Shea v. Littleton, 414 U.S. 488, 493—499, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974); Boyle v. Landry, 401 U.S. 77, 81, 91 S.Ct. 758, 760, 27 L.Ed.2d 696 (1971). Further, the credible threat must be shown to be alive at each stage of the litigation. Steffel v.......
  • Philadelphia News., Inc. v. Borough C., Etc., Swarthmore, Civ. A. No. 74-1569.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 13, 1974
    ...those specific provisions of state law which have provided the basis for threats of criminal prosecution against him. Cf. Boyle v. Landry, 401 U.S. 77, 81, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Watson v. Buck, 313 U.S. 387, 399-400, 61 S.Ct. 962, 85 L.Ed. 1416, 136 A.L.R. 1426 In the instant......
  • Request a trial to view additional results

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