Miracle v. Jacoby
Citation | 192 F. Supp. 907 |
Decision Date | 30 March 1961 |
Docket Number | Civ. A. No. 1574. |
Parties | W. H. MIRACLE, Plaintiff, v. Colonel A. M. JACOBY, Individually, and as Resident Engineer, U. S. Army Engineer District, Little Rock, Ark., Corps of Engineers, and H. C. McKinney, Individually, and as Chief of the Real Estate Section, U. S. Army Engineer District, Little Rock, Ark., Corps of Engineers, Defendants. |
Court | U.S. District Court — Western District of Arkansas |
J. M. Smallwood, Russellville, Ark., Wiley Bean, Clarksville, Ark., for plaintiff.
Chas W. Atkinson, U. S. Atty., Fort Smith, Ark., for defendants.
On January 25, 1961, the plaintiff, W. H. Miracle, a resident of the City of Dallas and a citizen of Texas, filed his complaint against defendants, Colonel A. M. Jacoby, individually, and as Resident Engineer, U. S. Army Engineer District, Little Rock, Arkansas, and H. C. McKinney, individually, and as Chief of the Real Estate Section, U. S. Army Engineer District, Little Rock, Arkansas.
It is alleged that both defendants are residents of the City of Little Rock and citizens of Arkansas, and that the amount in controversy exceeds the sum of $10,000, exclusive of interest and costs. That the plaintiff is the owner of certain land in Johnson County, Arkansas, situate within the Western District of Arkansas; that the defendants, their agents, employees and assistants have trespassed upon the plaintiff's lands, asserting and claiming a right thereto; and have threatened, and are threatening, to trespass upon such lands in the future.
Plaintiff contends that the repeated trespasses of the defendants could form the basis of a perpetual easement, and will do irreparable harm and damage to his property rights for which he has no adequate remedy at law.
Personal service was obtained on defendant McKinney on January 26, 1961, and on defendant Colonel Jacoby on January 30, 1961. Thereafter, on February 20, 1961, the United States Attorney filed a motion to dismiss on behalf of the defendants. The motion sets forth numerous objections to the suit, which briefly are: (1) the United States is an indispensable party to the suit; (2) the defendants' acts are protected by governmental immunity, (3) venue is improper, and (4) the complaint fails to state a claim which warrants injunctive relief.
Briefs have been received from each of the respective parties and considered by the court, and the motion is now ready for disposition.
At the outset, the well-established doctrine of sovereign immunity is recognized by the court. The background of this doctrine is discussed in 3 Davis, Administrative Law Treatise, Sec. 27.02. It is also recognized that it is sometimes possible to escape the doctrine of sovereign immunity and thereby compel or enjoin governmental action by suing an individual government official. See United States v. Lee, 1882, 106 U.S. 196, 1 S.Ct. 240, 27 L.Ed. 171; Ex Parte Young, 1908, 209 U.S. 123, 28 S.Ct. 441, 52 L. Ed. 714. Compare Louisiana v. Garfield, 1908, 211 U.S. 70, 29 S.Ct. 31, 53 L.Ed. 92; and Morrison v. Work, 1925, 266 U.S. 481, 45 S.Ct. 149, 69 L.Ed. 394.
The unsettled state of the law on this question has been recognized by the United States Supreme Court. Speaking of its past decisions on the subject, the court said in 1947 that "as a matter of logic it is not easy to reconcile all of them." Land v. Dollar, 1947, 330 U.S. 731, 738, 67 S.Ct. 1009, 1012, 91 L.Ed. 1209. In his dissenting opinion in Larson v. Domestic & Foreign Commerce Corp., 1949, 337 U.S. 682, at page 709, 69 S.Ct. 1457, at page 1471, 93 L.Ed. 1628, Mr. Justice Frankfurter states:
Despite the pervasive inconsistencies, the case law is dominated by one outstanding generalization that is usually followed but sometimes violated—that sovereign immunity does not prevent a suit against a state or federal officer who is acting either beyond his authority or in violation of the Constitution. 3 Davis, Administrative Law Treatise, Sec. 27.03, at page 552. This principle has been recognized by the Court of Appeals for this Circuit. Magruder v. Belle Fourche Valley Water Users' Ass'n, 8 Cir., 1914, 219 F. 72. There the court said at page 78:
In Correa v. Barbour, 1 Cir., 1934, 71 F.2d 9, the plaintiffs brought an action against the Forest Supervisor of a National Forest in Puerto Rico, seeking to regain possession of certain lands held by the defendant in his official capacity. The District Court dismissed the action, but the Court of Appeals reversed, holding that the United States was not an indispensable party to the action. At page 12 of 71 F.2d the court said:
Most, if not all, the cases concerning this problem are discussed in the recent case of Bowdoin v. Malone, 5 Cir., 1960, 284 F.2d 95. In the Bowdoin case, the plaintiff brought an action in ejectment against a federal Forest Service officer, involving some land of which he was in possession under color of his office. The District Court, 186 F.Supp. 407, dismissed the action, but the Court of Appeals reversed, holding that a judgment in the case would not involve title to the land, but involved merely a dispute between individuals for possession of the land. The court discussed thoroughly the opinion in the leading case of United States v. Lee, supra, and the effect of subsequent cases on the doctrine set forth by the Supreme Court in the Lee case. The Court of Appeals summarized its holding at page 105 of 284 F.2d with the following words:
The complaint in the instant case alleges that the defendants have trespassed on the land in question and are threatening future trespasses. If the plaintiff is in fact the owner of the land in question, then unprivileged entries on the land would constitute tortious or illegal acts. The defendants admit in their brief that an...
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U.S. v. Zenon, 80-1826
...Electric Power Co. v. Washington Chapter of Congress of Racial Equality, 210 F.Supp. 418, 419-20 (D.D.C.1962); Miracle v. Jacoby, 192 F.Supp. 907, 911 (W.D.Ark.1961). The fact that the trespass may be punishable as a crime does not bar injunctive relief. E.g., Cleveland v. Division 268 of A......