Driver v. Helms, Civ. A. No. 750224.
Decision Date | 17 October 1975 |
Docket Number | Civ. A. No. 750224. |
Citation | 402 F. Supp. 683 |
Parties | Rodney DRIVER et al. v. Richard HELMS et al. |
Court | U.S. District Court — District of Rhode Island |
Melvin L. Wulf, John H. F. Shattuck, American Civil Liberties Union, New York City, Richard W. Zacks, Providence, R.I., Burt Neuborne, New York University Law School, New York City, for plaintiffs.
Rex E. Lee, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., for defendants.
Harry W. Asquith, Providence, R.I., for Lyman B. Kirkpatrick, Jr.
This case involves claims by plaintiffs and the class they purportedly represent for money damages and injunctive and declaratory relief against some thirty present and former officials of the United States government for allegedly participating in and/or concealing a twenty-year program of opening first-class mail particularly to and from the Soviet Union. Plaintiffs contend that this program constitutes an unconstitutional invasion of their privacy and a violation of their rights under the First and Fourth Amendments to the United States Constitution.
The case is presently before the Court on motions by the United States, as a party-defendant intervenor, and by two of the defendants for a stay of all proceedings pending the completion of a criminal investigation, currently being conducted by the United States Department of Justice, of this same mail surveillance program. The movants contend that many, if not all, of the defendants are actual or potential subjects of the criminal investigation and that the proceedings in this civil case should be stayed to prevent interference with the criminal investigation and infringement of the defendants' due process rights should they be indicted as a result of that investigation.
There is no doubt, under the leading case of Landis v. North American Co., 299 U.S. 248, 57 S.Ct. 163, 81 L.Ed. 153 (1936), that a court has the power to stay proceedings "incidental to its power . . . to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants". 299 U.S. at 254, 57 S.Ct. at 166. Such a stay should be granted, however, "only in rare circumstances", and the burden is on the applicant "to make out a clear case of hardship or inequity in being required to go forward, if there is even a fair possibility that the stay for which he prays will work damage to someone else". Id. at 255, 57 S.Ct. at 166. See also Ellsberg v. Mitchell, 353 F.Supp. 515, 517-18 (D.D.C.1973).
The movants contend that it is particularly appropriate to grant a stay in this case because criminal proceedings should by their nature take priority over related civil proceedings. In support of this argument they cite Cambell v. Eastland, 307 F.2d 478 (5th Cir. 1962), cert. denied, 371 U.S. 955, 83 S.Ct. 502, 9 L. Ed.2d 502 (1963), in which the Court wrote:
See also General Dynamics Corp. v. Selb Manufacturing Co., 481 F.2d 1204, 1213 (8th Cir. 1973); Ellsberg v. Mitchell, supra.
The movants assert that allowing these civil proceedings to go forward will interfere with the criminal investigation or infringe the defendants' rights to a fair trial in potential prosecutions in three ways. First, they point out that as this case progresses the defendants and material witnesses may assert their privilege under the Fifth Amendment against self-incrimination. How this will interfere with the criminal investigations is not explained, however, and such interference is dubious since...
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SEC v. Jos. Schlitz Brewing Co.
...States v. Kordel, 397 U.S. 1, 9, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970); Securities and Exchange Commission v. Stewart, supra; Driver v. Helms, 402 F.Supp. 683 (D.R.I.1975). I am not persuaded that the circumstances stated by Schlitz alone or in combination justify a total stay of these proceedi......
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...made as necessary to control discovery. See Wehling v. Columbia Broadcasting Sys., 608 F.2d 1084, 1086 (5th Cir.1979); Driver v. Helms, 402 F.Supp. 683, 686 (D.R.I.1975). While the court recognizes that some inherent conflicts exist for a party defending a civil suit who is concerned with t......
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Driver v. Helms
...its interests by seeking a stay of these civil proceedings. On October 17, 1975, this Court refused to stay proceedings. Driver v. Helms, 402 F.Supp. 683 (D.R.I.1975). As part of its participation in this suit, the United States has filed an answer admitting and denying the factual allegati......
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US v. Hugo Key and Son, Inc., Civ. A. No. 87-0214 P.
..."a stay of proceedings should be granted only where the need for the stay clearly outweighs the harm to the plaintiff." Driver v. Helms, 402 F.Supp. 683, 686 (D.R.I.1975). On the peculiar facts of this case, however, it is the defendant who objects to the stay. Accordingly, this court must ......