Harrington v. Arceneaux, Civ. A. No. 18544.
Decision Date | 22 March 1973 |
Docket Number | Civ. A. No. 18544. |
Citation | 367 F. Supp. 1268 |
Parties | Clifford HARRINGTON v. Elton ARCENEAUX. |
Court | U.S. District Court — Western District of Louisiana |
Plaintiff invokes the jurisdiction of this court under 28 U.S.C. § 1343 and 42 U.S.C. §§ 1981, 1983 and 1988. He also seeks convocation of a three-judge court pursuant to 28 U.S.C. § 2281 et seq. and injunctive relief against the enforcement of Article 1, Section 12 of the Louisiana Constitution of 1921,1 and Article 313 of the Louisiana Code of Criminal Procedure.2
This matter has been referred to the Chief Judge of the Circuit as required by 28 U.S.C. § 2284, but on reconsideration we recall that referral and dismiss the claim for injunctive relief for reasons stated below.
The salient facts as alleged in the complaint are as follows. Plaintiff was indicted for the crime of murder by the Grand Jury of Acadia Parish on July 12, 1972. He was admitted to bail on August 31, 1972 in the amount of $10,000.00, which was subsequently revoked for failure to appear in court for arraignment. Following revocation, he was incarcerated by the defendant Elton Arceneaux, Sheriff of Acadia Parish. After arraignment he was again admitted to bail on furnishing security in the sum of $20,000.00. Subsequently, following the decision of the cases of State v. Flood, 263 La. 700, 269 So.2d 212 (1972) and State v. Holmes, 263 La. 685, 269 So.2d 207 (1972),3 he was again incarcerated by the defendant sheriff "without a hearing of any type whatever", and so remains to this date.
Petitioner contends that since the decision of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972) declares the death penalty unconstitutional, murder can no longer be treated as a "capital" crime within the purview of the Louisiana constitutional and statutory provisions, supra; thus, the petitioner is entitled to be admitted to bail under the Louisiana Code of Criminal Procedure Article 212.4 Further, petitioner alleges that reliance upon Louisiana Constitution Article 1, Section 12 and Article 313 of the Code of Criminal Procedure as a basis for holding him without bail before conviction is a denial of due process and equal protection of the law.
Petitioner requested convocation of a three-judge court under 28 U.S.C. § 2281 et seq. and seeks to enjoin enforcement of state laws pertaining to bail for persons accused of capital offenses. "When an application for a statutory three-judge court is addressed to a district court, the court's inquiry is appropriately limited to determining whether the constitutional question raised is substantial, whether the complaint at least formally alleges a basis for equitable relief, and whether the case presented otherwise comes within the requirements of the three-judge statute." Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962). Accordingly, a single judge is empowered to determine whether an application for injunctive relief alleges facts which, if taken as true, adequately demonstrate irreparable injury and an inadequate remedy at law. Pierre v. Jordan, 333 F. 2d 951 (9th Cir. 1964), cert. denied, 379 U.S. 974, 85 S.Ct. 664, 13 L.Ed.2d 565 (1965); Hill v. Nelson, 272 F.Supp. 790 (N.D.Calif.1967); Duncombe v. State of New York, 267 F.Supp. 103 (S.D. N.Y.1967).
That the basis of injunctive relief in the federal courts has always been irreparable injury and inadequacy of legal remedies, is fundamental. Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L.Ed.2d 669; Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959). Policy considerations consistently announced by the Supreme Court of the United States guide this court in its consideration of this application for injunctive relief.
In Douglas v. City of Jeannette, 319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324 (1943), the Supreme Court upheld a district court's refusal to enjoin application of a city ordinance to prohibit religious solicitation. The court emphasized certain policies which underlie the consideration for injunctive relief:
Id. at 162, 63 S.Ct. 877, at 880.
These policy considerations were again emphasized in Stefanelli v. Minard, 342 U.S. 117, 72 S.Ct. 118, 96 L.Ed. 138 (1951), where the Court upheld the district court's dismissal of a complaint seeking an injunction under R.S. § 1979 (42 U.S.C. § 1983) against the use of evidence claimed to have been obtained by an unlawful seizure by state police. The court said:
Id. at 120, 72 S.Ct. 118, at 120.
Accord, Wilson v. Schnettler, 365 U.S. 381, 81 S.Ct. 632, 5 L.Ed.2d 620 (1961).
In Younger v. Harris, 401 U.S. 37, 43-45, 91 S.Ct. 746, 750-751, 27 L.Ed. 2d 669 (1970) the Court said:
The principles of equity established in the cases cited above govern the present considerations for injunctive relief. The petitioner has an adequate remedy at law in the State courts, for on application for admission to bail the judge shall hold a hearing contradictorily with the State. La.C.Cr.P. art. 313; State v. Flood, supra. The petitioner has not alleged that he has been denied a hearing or even that he has made an application for such a hearing. In addition, should the trial court deny bail, the petitioner may invoke the supervisory jurisdiction of the state supreme court, La.C.Cr.P. art. 3225 or, alternatively, he may use the state habeas...
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