Dombrowski v. Eastland, No. 118
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM; BLACK |
| Citation | 387 U.S. 82,87 S.Ct. 1425,18 L.Ed.2d 577 |
| Parties | James A. DOMBROWSKI et al., Petitioners, v. James EASTLAND et al |
| Docket Number | No. 118 |
| Decision Date | 15 May 1967 |
v.
James EASTLAND et al.
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
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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
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respondents after the 'raids.' As to this, it held that the subject matter of the seized...
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M & T Mortgage Corp. v. White, Nos. 04-CV-4775 (NGG) (VVP)
...that no rational trier of fact could find in its favor, summary judgment may be granted. Id. at 248-50 (citing Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967)). Any ambiguities and all inferences must be drawn in favor of the non-movant, and the court must view the......
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Napreljac v. John Q. Hammons Hotels, Inc., No. 4:05-cv-00160-JEG.
...judgment may be granted." Id. at 249-50, 106 S.Ct. 2505 (citing Cities Serv., 391 U.S. at 290, 88 S.Ct. 1575; Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967) (per curiam) (citations omitted)); see also Matsushita Elec. Indus. Co., 475 U.S. at 586, 106 S.Ct. 1348 (e......
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Dolly v. Old Republic Ins. Co., No. 5:00CV1685.
...the legal issue and grant summary judgment. Anderson v. Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. 2505 (citing Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967) (per curiam) and First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 290, 88 S.Ct. 1575......
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In re Heinsohn, Bankruptcy No. 90-31655
...L.Ed.2d 331 (1978) (judge); Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (prosecutors); Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967)(legislators). The Supreme Court has endorsed a "functional" approach in determining whether an official ......
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M & T Mortgage Corp. v. White, Nos. 04-CV-4775 (NGG) (VVP)
...that no rational trier of fact could find in its favor, summary judgment may be granted. Id. at 248-50 (citing Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967)). Any ambiguities and all inferences must be drawn in favor of the non-movant, and the court must view the......
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Napreljac v. John Q. Hammons Hotels, Inc., No. 4:05-cv-00160-JEG.
...judgment may be granted." Id. at 249-50, 106 S.Ct. 2505 (citing Cities Serv., 391 U.S. at 290, 88 S.Ct. 1575; Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967) (per curiam) (citations omitted)); see also Matsushita Elec. Indus. Co., 475 U.S. at 586, 106 S.Ct. 1348 (e......
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Dolly v. Old Republic Ins. Co., No. 5:00CV1685.
...the legal issue and grant summary judgment. Anderson v. Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. 2505 (citing Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967) (per curiam) and First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 290, 88 S.Ct. 1575......
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In re Heinsohn, Bankruptcy No. 90-31655
...L.Ed.2d 331 (1978) (judge); Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (prosecutors); Dombrowski v. Eastland, 387 U.S. 82, 87 S.Ct. 1425, 18 L.Ed.2d 577 (1967)(legislators). The Supreme Court has endorsed a "functional" approach in determining whether an official ......
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THE STOCK ACT TEN YEARS LATER: THE NEED FOR A NEW CONGRESSIONAL INSIDER TRADING REGULATORY SCHEME.
...(126.) Id. at 178. (127.) Id. (128.) Id. (129.) United States v. Brewster, 408 U.S. 501, 507 (1972). (130.) Dombrowski v. Eastland, 387 U.S. 82, 85 (1967) (citation (131.) Powell v. McCormack, 395 U.S. 486, 502 (1969) (quoting Kilboum v. Thompson, 103 U.S. 168,204(1880)). (132.) United Stat......