Carter v. Stanton 8212 5082, No. 70

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; POWELL; DOUGLAS.
Citation92 S.Ct. 1232,405 U.S. 669,31 L.Ed.2d 569
Decision Date03 April 1972
Docket NumberNo. 70
PartiesLaverne CARTER et al., Appellants, v. Wayne STANTON et al. —5082

405 U.S. 669
92 S.Ct. 1232
31 L.Ed.2d 569
Laverne CARTER et al., Appellants,

v.

Wayne STANTON et al.

No. 70—5082.
Argued Nov. 8, 1971.
Decided April 3, 1972.

Jon D. Noland, Indianapolis, Ind., for appellants.

Mark Peden, Indianapolis Ind., for appellee William Sterrett.

Robert W. Geddes, Indianapolis, Ind., for appellee, Wayne Stanton.

Page 670

PER CURIAM.

Appellants are women who contend that an Indiana welfare regulation governing eligibility for state and federal aid to dependent children contravenes the Fourteenth Amendment and the Social Security Act, 49 Stat. 627, as amended, 42 U.S.C. § 602(a)(10). The regulation provides that a person who seeks assistance due to separation or the desertion of a spouse is not entitled to aid until the spouse had been continuously absent for at least six months, unless there are exceptional circumstances of need. Burns' Ind.Admin.Rules & Regs. (52—1001)—2 (1967). Appellants brought this action in the United States District Court for the Southern District of Indiana, basing jurisdiction on 42 U.S.C. § 1983 and 28 U.S.C. § 1343, and seeking both declaratory and injunctive relief. A three-judge court was convened pursuant to 28 U.S.C. § 2281. After a 'preliminary hearing on defendants" motion to dismiss 'at which the court' received evidence upon which to resolve the matter, the court dismissed the complaint on the ground that none of the claimants had exercised her right under Indiana law to appeal from a county decision denying welfare assistance, Burns' Ind.Admin.Rules & Regs. § (52—1211)—1 (Supp.1970), and therefore appellants had failed to exhaust administrative remedies. In the alternative, the court held that the pleadings did not present a substantial federal question der 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201, 2202. Carter v. Stanton, No. IP 70—C—124 (SD Ind., Dec. 11, 1970). This direct appeal followed and we noted probable jurisdiction. 402 U.S. 994, 91 S.Ct. 2180, 29 L.Ed.2d 159 (1971).

Contrary to the State's view, our jurisdiction of this

Page 671

appeal under 28 U.S.C. § 1253 is satisfactorily established. Sullivan v. Alabama State Bar, 394 U.S. 812, 89 S.Ct. 1486, 22 L.Ed.2d 749, aff'g 295 F.Supp. 1216 (MD Ala.1969); Whitney Stores, Inc. v. Summerford, 393 U.S. 9, 89 S.Ct. 44, 21 L.Ed.2d 9, aff'g 280 F.Supp. 406 (S.C 1968). Also, the District Court plainly had jurisdiction of this case pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Damico v. California, 389 U.S. 416, 88 S.Ct. 526, 19 L.Ed.2d 647 (1967). Damico, an indistinguishable case, likewise establishes that exhaustion is not required in circumstances such as those presented here. Cf. McNeese v. Board of presented here. Cf. McNeese v. Board of Education, 373 U.S. 668, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963); Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961).

Finally, if the court's characterization of the federal question presented as insubstantial was based on the face of the complaint, as it seems to have been, it was error. Cf. Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970); Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969); Damico v. California, supra. But it appears that at the hearing on the motion to dismiss, which was based in part on the asserted failure 'to state a claim upon which relief can be granted' (App. 19), matters outside the pleadings were presented and not excluded by the court. The court was therefore required by Rule 12(b) of the Federal Rules of Civil Procedure to treat the motion to dismiss as one for summary judgment and to dispose of it as provided in Rule 56. Under Rule 56, summary judgment cannot be granted unless there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. If this is the course the District Court followed, its order is opaque and unilluminating as to either the relevant facts or the law with respect to the merits of appellants' claim. In this posture of the case, we are unconvinced that summary judgment was properly entered. The judgment of

Page 672

the District Court is therefore vacated and the case is remanded to that court for proceedings consistent with this opinion.

Judgment vacated and case remanded.

Mr. Justice POWELL and Mr. Justice REHNQUIST took no part in the consideration or decision of this case.

Mr. Justice DOUGLAS.

I agree that both this Court and the District Court have jurisdiction to entertain this case and that the...

To continue reading

Request your trial
330 practice notes
  • DiPilato v. 7-Eleven, Inc., No. 07-CV-7636 (CS)(GAY).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 25 Agosto 2009
    ...737, 741 (S.D.N.Y.1993) (citing Fonte v. Bd. of Managers of Cont'l Towers Condo., 848 F.2d 24, 25 (2d Cir.1988)); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972). The Court may Page 343 the conversion after "`all the parties [are] given reasonable opportunity to p......
  • Doe v. United States Civil Serv. Com'n, No. 78 Civ. 131 (CHT).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 16 Enero 1980
    ...on an inadequate factual basis, Hurtado v. United States, 410 U.S. 578, 587 n.8, 93 S.Ct. 1157, 35 L.Ed.2d 508 (1973); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Adickes v. S. H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), and that ......
  • McNea v. Garey, No. C76-920.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • 30 Septiembre 1976
    ...4, 88 S.Ct. 2128, 20 L.Ed.2d 1118 (1968); Houghton v. Shafer, 392 U.S. 639, 640, 88 S.Ct. 2119, 20 L.Ed.2d 1319 (1968); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Wilwording v. Swenson, 404 U.S. 249, 251, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971); but see, Runyon ......
  • Merrell v. All Seasons Resorts, Inc., No. CV 89-3218 DT.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • 1 Septiembre 1989
    ...matters outside the pleadings may be considered if the court converts a Rule 12(b)(6) motion into a Rule 56 motion. Carter v. Stanton, 405 U.S. 669, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Townsend v. Columbia Operations, 667 F.2d 844 (9th Cir.1982). However, the court must give the parties a......
  • Request a trial to view additional results
330 cases
  • DiPilato v. 7-Eleven, Inc., No. 07-CV-7636 (CS)(GAY).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 25 Agosto 2009
    ...737, 741 (S.D.N.Y.1993) (citing Fonte v. Bd. of Managers of Cont'l Towers Condo., 848 F.2d 24, 25 (2d Cir.1988)); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972). The Court may Page 343 the conversion after "`all the parties [are] given reasonable opportunity to p......
  • Doe v. United States Civil Serv. Com'n, No. 78 Civ. 131 (CHT).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 16 Enero 1980
    ...on an inadequate factual basis, Hurtado v. United States, 410 U.S. 578, 587 n.8, 93 S.Ct. 1157, 35 L.Ed.2d 508 (1973); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Adickes v. S. H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), and that ......
  • McNea v. Garey, No. C76-920.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • 30 Septiembre 1976
    ...4, 88 S.Ct. 2128, 20 L.Ed.2d 1118 (1968); Houghton v. Shafer, 392 U.S. 639, 640, 88 S.Ct. 2119, 20 L.Ed.2d 1319 (1968); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Wilwording v. Swenson, 404 U.S. 249, 251, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971); but see, Runyon ......
  • Merrell v. All Seasons Resorts, Inc., No. CV 89-3218 DT.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • 1 Septiembre 1989
    ...matters outside the pleadings may be considered if the court converts a Rule 12(b)(6) motion into a Rule 56 motion. Carter v. Stanton, 405 U.S. 669, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972); Townsend v. Columbia Operations, 667 F.2d 844 (9th Cir.1982). However, the court must give the parties a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT