McCollum v. Smith, Civ. A. No. 83-2509.
Decision Date | 28 September 1984 |
Docket Number | Civ. A. No. 83-2509. |
Citation | 596 F. Supp. 165 |
Parties | John McCOLLUM, et al., Plaintiffs, v. William French SMITH, Attorney General of the United States, and Bradford Reynolds, Assistant Attorney General for the Civil Rights Division, United States Department of Justice, Defendants. |
Court | U.S. District Court — District of Columbia |
William H. Schaap, Washington, D.C., Frank E. Deale, New York City, for plaintiffs.
David J. Anderson, Barbara L. Gordon, U.S. Dept. of Justice, Washington, D.C., for defendants.
In this suit, the eight individual plaintiffs and the National Anti-Klan Network seek a declaratory judgment that the Department of Justice for many years under the past as well as the present administration has improperly interpreted its jurisdiction to prosecute violations of certain criminal statutes. The defendants have moved to dismiss the complaint on the ground that plaintiffs lack standing. Upon consideration of defendants' motion, plaintiffs' opposition and defendants' reply memorandum, the supporting memoranda of points and authorities and the arguments presented at a hearing on this motion, it is hereby this 28th day of September, 1984
ORDERED that defendants' motion is GRANTED and the case dismissed.
The individual plaintiffs are residents of several Southern states; each alleges that he or she has been a victim of racially motivated violence by groups of Klansmen over the past several years. Each plaintiff alleges that FBI and Justice Department officials were informed of these incidents but that "on information and belief, the reason for the failure of the Department of Justice to act was the Department's legal position, taken under the direction of defendant Smith as Attorney General and defendant Reynolds as Assistant Attorney General in charge of the Civil Rights Division, that it does not have jurisdiction to prosecute those who commit violent acts even though motivated solely by race." Amended Complaint ¶¶ 10, 11. It is alleged in the complaint that this position was announced in 1980 in the testimony of Drew S. Days, the chief of the Criminal Section of the Civil Rights Division under President Carter.1
The National Anti-Klan Network is a non-profit corporation based in Atlanta, Georgia. It was established in 1979 in response to the rise in Klan activity throughout the United States. The Network consists of a number of religious, labor, educational, political and legal organizations and individuals, and works to counter Klan activity through educational forums, political organizing, and other legal means. Each of the individual plaintiffs belongs to the Network. The Network alleges that it has been at the forefront of the struggle to alert the defendants to the erroneous construction of certain statutory provisions, and to the fact that racially motivated violence has increased because of the defendants' unwillingness to prosecute these types of violent acts.
Plaintiffs further allege that defendants' erroneous construction of these statutes has resulted in a deprivation of plaintiffs' rights to be free from race discrimination and from the badges and incidents of slavery under the thirteenth amendment, and to be afforded equal protection of the laws under the fourteenth amendment. They also allege that the defendants' failure to enforce these statutes has deprived them of their rights to be protected from racial discrimination and racially motivated violence. Plaintiffs have asked the Court to declare that there is no jurisdictional obstacle preventing federal prosecutions, based on the statutes at issue, against the perpetrators of the racially motivated violent incidents alleged by the plaintiffs.
Community Nutrition Institute v. Block, 698 F.2d 1239, 1245 (D.C.Cir.1983).
The Court agrees with defendants that the causal link between plaintiffs' injuries and defendants' interpretation of these statutes is speculative. The defendants' decision that they had no authority to prosecute under the particular facts of each plaintiff's case did not cause the injuries plaintiffs allege. Additionally, even construing the complaint in plaintiffs' favor, the Court would be required to speculate as to whether plaintiffs will again be wronged in a similar manner as the result of defendants' decision not to prosecute the earlier incidents. See City of Los Angeles v. Lyons, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).2 The Court does not doubt that plaintiffs have been injured; the appropriate inquiry is whether these defendants' actions have caused that injury. Cf. Halkin v. Helms, 690 F.2d 977, 999 n. 81 (D.C.Cir.1982). The Court can find no such causal link here.
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