Dombrowski v. Eastland

• Decision Date: 15 May 1967
• Docket Number: No. 118,118
• Citation: Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967)
• Parties: James A. DOMBROWSKI et al., Petitioners, v. James EASTLAND et al
• Court: U.S. Supreme Court

387 U.S. 82

87 S.Ct. 1425

18 L.Ed.2d 577

James A. DOMBROWSKI et al., Petitioners,

v James EASTLAND et al.

No. 118.

Argued Feb. 20, 1967.

Decided May 15, 1967.

Arthur Kinoy, New York City, for petitioners.

Roger Robb, Washington, D.C., for respondents.

PER CURIAM.

The Court of Appeals for the District of Columbia Circuit sustained the order granting summary judgment to the respondents who are, respectively, the Chairman and counsel of the Internal Security Subcommittee of the Judiciary Committee of the United States Senate. Petitioners' claim is essentially that respondents tortiously entered into and participated in a conspiracy and concert of action with Louisiana officials to seize property and records of petitioners by unlawful means in violation of petitioners' Fourth Amendment rights. The circumstances of the searches and arrests involved are set forth in Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965), and in Judge Wisdom's dissenting opinion in the District Court in that case, 227 F.Supp. 556, 573 (D.C.E.D.La.1964). Louisiana courts held the arrests and searches illegal because the warrants secured by the police had not been supported by a showing of probable cause. In a civil suit by these same petitioners against the Louisiana officials allegedly involved in the conspiracy, the Court of Appeals for the Fifth Circuit, reversing a summary judgment in favor of third-party defendants, held that plaintiffs had raised a genuine issue of material fact whether the Chairman 'and the other members of the (State) committee were 'acting in the sphere of legitimate legislative activity', which would entitle them to immunity.' Pfister v. Arceneaux, C.A.5th Cir., Nov. 14, 1966, 376 F.2d 821.

In the present case, the court below recognized 'considerable difficulty' in reaching the conclusion that, on the basis of the affidavits of the parties, there were no disputed issues of fact with respect to petitioners' claim. It nevertheless upheld summary dismissal of the action on the ground that 'the record before the District Court contained unchallenged facts of a nature and scope sufficient to give (respondents) an immunity against answerability in damages * * *.' In support of this conclusion the court addressed itself to only that part of petitioners' claims which related to the take-over of the records by respondents after the 'raids.' As to this, it held that the subject matter of the seized records was within the jurisdiction of the Seat e Subcommittee and that the issuance of subpoenas to the Louisiana committee to obtain the records held by it was validated by subsequent Subcommittee ratification. On this basis, the court held that the acts for which petitioners seek relief were privileged, citing Tenney v. Brandhove, 341 U.S. 367, 71 S.Ct. 783, 95 L.Ed. 1019 (1951).

The court did not specifically comment upon petitioners' contention that the record shows a material dispute of fact as to their claim that respondent Sourwine actively collaborated with counsel to the Louisiana committee in making the plans for the allegedly illegal 'raids' pursuant to the claimed authority of the Louisiana committee and on its behalf, in which petitioners claim that their property and records were seized in violation of their Fourth Amendment rights. In the absense of the factual refinement which can occur only as a result of trial, we need not and, indeed, could not express judgment as to the legal consequences of such collaboration, if it occurred.

There is controverted evidence in the record, such as the date appearing on certain documents which respondents' evidence disputes as a typographical error,...