Moses v. Kennedy
Decision Date | 02 July 1963 |
Docket Number | Civ. A. No. 6-63. |
Citation | 219 F. Supp. 762 |
Parties | Robert MOSES et al., Plaintiffs, v. Robert F. KENNEDY, Attorney General of the United States and J. Edgar Hoover, Director of the Federal Bureau of Investigation of the United States, Defendants. |
Court | U.S. District Court — District of Columbia |
William L. Higgs, Washington, D. C., William M. Kunstler, New York City, for plaintiffs.
John W. Douglas, Asst. Atty. Gen., Donald B. MacGuineas, Harland F. Leathers, Charles Donnenfeld, Attys., Dept. of Justice, Washington, D. C., for defendants.
This is an action brought by seven Negro residents of Mississippi and one white resident thereof against the Attorney General of the United States and the Director of the Federal Bureau of Investigation, to compel by mandamus certain actions on the part of these defendants, and to declare under the Declaratory Judgment Act certain rights and legal relations between the parties to this action. Defendants have moved to dismiss the complaint on the ground that mandatory relief is not appropriate. The Court will grant defendants' motion on the ground that the complaint fails to state a claim upon which relief can be granted.
Plaintiffs summarize their complaint as follows:
(para. 2, as amended.)
This complaint must be dismissed because it seeks remedies which, in the context of the above pleadings, this Court has no power to grant.
First, plaintiffs seek a court order directing the defendants to direct their agents to arrest, cause to be imprisoned, and institute criminal prosecutions against "those state and local law enforcement officials and any other persons, public or private, responsible for the deprivations of plaintiffs' rights * * *," both in the past and in the future. Such actions on the part of defendants, however, are clearly discretionary, and decisions respecting such actions are committed to the Executive branch of the Government, not to the courts. See The Confiscation Cases, 74 U.S. 7 Wall. 454, 19 L.Ed. 196 (1868); Goldberg v. Hoffman, 225 F.2d 463 (7th Cir., 1955); United States v. Woody, 2 F.2d 262 (D.Mont.1924); United States v. Brokaw, 60 F.Supp. 100 (D.Ill. 1945); Milliken v. Stone, 16 F.2d 981 (2d Cir., 1927), cert. denied 274 U.S. 748, 74 S.Ct. 764, 71 L.Ed. 1331 (1927). The following language states well the reasons for limitations upon judicial power in this area:
Such considerations apply to investigations, arrests, and imprisonments, just as much as they do to actual prosecutions.
Plaintiffs point to language in 42 U.S.C. § 1987 which states that Federal officials are "authorized and required" to prosecute persons who have violated certain provisions of the Civil Rights Act, and argues that this language makes the above considerations of judgment and discretion inapplicable here. Nothing in the legislative history,...
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