State of Alabama v. Robinson
Citation | 220 F. Supp. 293 |
Decision Date | 01 August 1963 |
Docket Number | No. CA-63-324.,CA-63-324. |
Parties | STATE OF ALABAMA ex rel. Richmond M. FLOWERS, as Attorney General of Alabama, Petitioner, v. Marvin ROBINSON, Congress of Racial Equality, Bernard Lee, Southern Christian Leadership Conference, Gadsden Christian Citizens Committee, Gadsden Student Movement, Student Non-Violent Coordinating Committee, John Doe and Richard Roe, Respondents. |
Court | U.S. District Court — Northern District of Alabama |
Richmond M. Flowers, Atty. Gen., State of Alabama, and Gordon Madison, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for petitioner.
Oscar W. Adams, Jr., Birmingham, Ala., Norman Amaker and Jack Greenberg, New York City, and George White, Birmingham, Ala., for respondents.
The respondents in the above-styled cause, on July 3, 1963, effected a removal of the case from the Circuit Court of Etowah County, Alabama, in Equity, to this Court, pursuant to the provisions of 28 U.S.C. § 1441 et seq. Thereafter, on July 11, 1963, complainant, the State of Alabama, filed a motion to remand the case to the State court. After oral arguments of the parties on July 19, 1963, the matter was submitted to this Court on the pleadings and affidavits of the respective parties.
The case that has been removed to this Court was initiated by the State of Alabama, as complainant, in the Circuit Court of Etowah County, Alabama, in Equity. The initial pleading in that court was a "Petition for Peremptory or Temporary Injunction", in which the complainant, State of Alabama, averred, in part, that the respondents, Marvin Robinson, et al.:
Thereafter, on June 18, 1963, the petition was amended, in part, as follows:
Consequentially, a peremptory or temporary Writ of Injunction was issued in accordance with the prayer of the petition and the petition as amended. In addition, the Writ of Injunction contained the following paragraph:
"But nothing in this Order shall be interpreted to restrict or enjoin said parties or their associates from peacefully walking in single or double file the streets of said City and County in an orderly fashion."
Apparently, the injunction was violated; and, on June 21, 1963, the State of Alabama filed a verified petition for contempt, requesting that the court issue an order directing that the respondent, Marvin Edison Robinson, appear and show cause why he or she should not be held in contempt of court for failure to comply with the Writ of Injunction. Immediately thereafter, the court issued an order directing the Sheriff of Etowah County, Alabama, to take the respondent, Marvin Edison Robinson, into custody and to confine the respondent in the Etowah County jail, Gadsden, Alabama, pending a hearing on the petition for contempt filed by the State of Alabama. Subsequently, the respondents, Marvin Robinson, et al., effected a removal of all the aforementioned proceedings to this court.
In their petition for removal, the respondents averred, in part, as follows:
* * *"
In considering the motion to remand and the petition for removal, this Court is bound to follow and apply certain well-established principles of law. Being a court of limited jurisdiction,1 a presumption arises that a cause is without the jurisdiction of the District Court,2 and the burden is upon the petitioner— who seeks the jurisdiction of the court— to establish by a preponderance of the evidence that the case falls within the court's jurisdiction.3 If it is at all doubtful that the petitioner has not sustained that burden, the cause should be remanded.4
In a removal case, procedure is governed by 28 U.S.C. § 1446 which, in part, provides that the petition must contain a short and plain statement of the facts which entitle the petitioner to a removal. This requirement is to be strictly construed, and it is essential for removal that a proper allegation of fact be set forth within the terms of Section 1446, supra.5
Thus, it is not sufficient for the petitioner to merely allege that the case is removable under one of the enumerated classes—facts must be alleged, not conclusions. Heckleman v. Yellow Cab Transit Co., (D.C., Ill., 1942), 45 F.Supp. 984.
On its face, the petition for removal appears to be insufficient to meet the requirements of the foregoing rules. However, since the respondents allege therein that their civil rights have been violated or threatened by the action of the State of Alabama, a closer examination of the record filed by the respondents is warranted.
The provisions of 28 U.S.C. §§ 1331 and 1343(3) are relied on by the respondents, in their petition for removal, as their authority to remove the cause to this Court under 28 U.S.C. § 1441.6
Thus, the first question is whether the action initiated in the State court is a civil action of which this Court has original jurisdiction under 28 U.S.C. § 1331, which, in part, provides:
"(a) The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States."
In Moore's Federal Practice, Vol. 1, ¶ 0.92 3.-1, p. 840, it is said:
"Since the defendant is the party seeking the jurisdiction of the federal court in a removal case, he has the burden of showing that the case is capable of being removed—i. e., that the federal jurisdictional requirements are present."
In this case, the respondents have not met the burden of showing that the Federal jurisdictional requirements under 28 U.S.C. § 1331 are present. They have not shown that the amount in controversy exceeds $10,000.00, nor have they shown that a Federal question is involved in the case.
As for the amount in controversy, the general rule is that the sum claimed by the plaintiff in the complaint will control. Moore's Federal Practice, 2nd Ed., Vol. 1, ¶ 0.91(1), p. 827. If, however, the complaint has no direct allegation as to the amount involved, the defendant may effect a removal by stating in his petition that the amount in controversy exceeds the jurisdictional minimum, and by showing that this statement is supported by necessary inferences from the complaint. Moore's Federal Practice, 2nd Ed., Vol. 1A, ¶ 157(6), p. 262; Ronzio v. Denver & R. G. W. R. Co., (10th Cir., 1940), 116 F.2d 604; 76 C.J.S. Removal of Causes § 29, p. 939; Davenport v. Procter & Gamble Mfg. Co., (2nd Cir., 1957), 241 F.2d 511, 514, 63 A.L.R.2d 1350.
The action initiated in the Circuit Court of Etowah County was for an injunction, and the complainant did not include in its petition for injunctive relief a request for damages. But, the respondents in their petition for removal have alleged that the amount in controversy exceeds $10,000.00. This conclusion, however, is not supported by the complaint filed...
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