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Community for Creative Non-Violence v. Reid

https://api.oyez.org/cases/1988/88-293

88-293

1988

Community for Creative Non-Violence

Reid

<p>The Community for Creative Non-Violence (CCNV) made an oral agreement with James Reid, a sculptor, to produce a statue depicting the plight of the homeless for display at a 1985 Washington D.C. Christmas pageant. Upon completion, delivery, and joining of the work to a base that it prepared separately, CCNV paid Reid the final installment of the agreed-upon price. Shortly thereafter, the parties filed competing copyright claims over the sculpture. Holding, in accordance with the Copyright Act of 1976 (the "Act"), that the statue was a "work made for hire," a district court ruled in favor of CCNV. On appeal, the Court of Appeals reversed and the Supreme Court granted CCNV certiorari.</p>

majority opinion

affirmed

Economic Activity

Sable Communications of California v. Federal Communications Commission

https://api.oyez.org/cases/1988/88-515

88-515

1988

Sable Communications of California

Federal Communications Commission

<p>In 1988, Congress amended the Communications Act of 1934 to ban indecent and obscene interstate commercial phone messages. Sable Communications had been in the dial-a-porn business since 1983. A judge in District Court upheld the ban on obscene messages, but enjoined the Act's enforcement against indecent ones.</p>

majority opinion

affirmed

First Amendment

Martin v. Wilks

https://api.oyez.org/cases/1988/87-1614

87-1614

1988

Martin

Wilks

<p>As a result of a lawsuit in 1974, the Jefferson County Personnel Board in Birmingham, Alabama, entered into consent decrees that included hiring blacks as firefighters and for promoting them. The decrees were approved by a federal district court. Years later, Robert K. Wilks, a white firefighter, challenged the decrees and alleged that whites were being denied promotions in favor of less qualified blacks. Wilks argued that such practices violated Title 7 of the Civil Rights Act of 1964. The personnel board agreed that it was making race-conscious decisions but argued it was doing so pursuant to the original decrees. The Court combined arguments in two companion cases: Personnel Board v. Wilks and Arrington v. Wilks.</p>

majority opinion

affirmed

Civil Rights

American Trucking Associations, Inc. v. Smith

https://api.oyez.org/cases/1988/88-325

88-325

1988

American Trucking Associations, Inc.

Smith

<p>In 1983, the American Trucking Associations, Inc. (ATA) challenged the flat tax portion of Arkansas' Highway Use Equalization (HUE) tax, alleging that it violated the Commerce Clause. The Arkansas Supreme Court, relying on Supreme Court precedent, rejected this claim. Subsequently, on June 23, 1987, the Supreme Court decided American Trucking Ass'ns., Inc. v. Scheiner, 483 U.S. 266 (1987), which held that state application of flat highway use taxes was unconstitutional. Pending re-hearing in the Arkansas Supreme Court, Justice Blackmun ordered, in August 1987, that all new taxes collected be kept in escrow. Subsequently, the Arkansas Supreme Court held that HUE was unconstitutional, but that Scheiner did not apply retroactively. The court went on to decide that taxes already collected for the tax year beginning July 1, 1987, could remain in the state treasury, but that those funds placed in the escrow account ordered by Justice Blackmun should be refunded, as they had not been spent or budgeted for future spending.</p>

plurality opinion

reversed in-part/remanded

Economic Activity

Owens v. Okure

https://api.oyez.org/cases/1988/87-56

87-56

1988

Javan Owens and Daniel G. Lessard

Tom U. U. Okure

<p>Tom Okure was arrested for disorderly conduct, and while under arrest, was beaten by the police officers Javan Owens and Daniel Lessard. He sustained multiple injuries, including broken teeth and a sprained finger, and claimed to have suffered great mental anguish and distress as a result of the arrest and actions of the police. Twenty-two months after the incident occurred, Okure sued the two State University of New York (SUNY) police officers under 42 U.S.C. 1983. The officers moved to dismiss the case on the grounds that the statute of limitations for false imprisonment and malicious prosecution is one year under New York Civil Practice Law and Rules. The trial court denied the motion by stating that New York's general statute of limitations for personal injury actions is three years. The U.S. Court of Appeals for the Second Circuit affirmed the denial of the motion to dismiss.</p>

majority opinion

affirmed

Civil Rights

United States v. Halper

https://api.oyez.org/cases/1988/87-1383

87-1383

1988

United States

Halper

<p>Irwin Halper, the manager of a company that provided medical services to patients eligible for Medicare benefits, was charged and convicted in criminal court of submitting 65 separate false Medicare claims. He was sentenced to two years in prison and fined $5,000.</p> <p>The United States then brought additional civil charges under the False Claims Act, which authorized it to collect $2000 for each offense in addition to attorney's fees and twice the damages sustained. In this case the actual damages were just $585, but because of the number of offenses the total penalty was more than $130,000. The District Court, however, ruled that the penalty was "entirely unrelated" to the government's actual damages and would therefore be a second punishment for the same offense, violating the Double Jeopardy Clause of the Fifth Amendment. The penalty was therefore limited to double the amount of actual damages and attorney's fees. The government appealed the decision directly to the U.S. Supreme Court.</p>

majority opinion

vacated/remanded

Criminal Procedure

City of Canton, Ohio v. Harris

https://api.oyez.org/cases/1988/86-1088

86-1088

1988

City of Canton, Ohio

Geraldine Harris

<p>Officers of the Canton Police Department arrested Geraldine Harris on April 26, 1978 and brought her to the police station. Upon arrival, the officers found Harris sitting on the floor of the patrol wagon. They asked if she needed medical attention, and she responded incoherently. Inside the station, Harris twice slumped to the floor, and the officers eventually left her lying on the floor. She received no medical care. An hour later, Harris was released and taken to a nearby hospital in an ambulance her family provided. Harris was diagnosed with various emotional conditions and hospitalized.</p> <p>Harris sued the city of Canton for violating her Fourteenth Amendment right to Due Process by denying her medical attention when she was in police custody. At the jury trial in federal district court, evidence indicated that the decision to provide medical attention is left to the discretion of shift managers who had not received adequate training on this subject. The jury found in favor of Harris. The city appealed, and the United States Court of Appeals for the Sixth Circuit reversed the judgment and remanded the case because of unclear jury instructions.</p>

majority opinion

vacated/remanded

Civil Rights

Graham v. Connor

https://api.oyez.org/cases/1988/87-6571

87-6571

1988

Dethorne Graham

M.S. Connor

<p>On November 12, 1984, Dethorne Graham, a diabetic, had an insulin reaction while doing auto work at his home. He asked a friend, William Berry, to drive him to a convenience store in order to purchase some orange juice to counter his reaction. When they arrived at the store, Graham rapidly left the car. He entered the store and saw a line of four or five persons at the counter; not wanting to wait in line, he quickly left the store and returned to Berry’s car. Officer M.S. Connor, a Charlotte police officer, observed Graham entering and exiting the store unusually quickly. He followed the car and pulled it over about a half mile away.</p> <p>Graham, still suffering from an insulin reaction, exited the car and ran around it twice. Berry and Officer Connor stopped Graham, and he sat down on the curb. He soon passed out; when he revived he was handcuffed and lying face down on the sidewalk. Several more police officers were present by this time. The officers picked up Graham, still handcuffed, and placed him over the hood of Berry’s car. Graham attempted to reach for his wallet to show his diabetic identification, and an officer shoved his head down into the hood and told him to shut up. The police then struggled to place Graham in the squad car over Graham’s vigorous resistance. Officer Connor soon determined, however, that Graham had not committed a crime at the convenience store, and returned him to his home. Graham sustained multiple injuries, including a broken foot, as a result of the incident.</p> <p>Graham filed § 1983 charges against Connor, other officers, and the City of Charlotte, alleging a violation of his rights by the excessive use of force by the police officers, unlawful assault, unlawful restraint constituting false imprisonment, and that the City of Charlotte improperly trained its officers in violation of the Rehabilitation Act of 1973. The City of Charlotte filed for a directed verdict, which the district court granted. Graham appealed the ruling on the use of excessive force, contending that the district court incorrectly applied a four-part substantive due process test from <i>Johnson v. Glick</i> that takes into account officers’ “good faith” efforts and whether they acted “maliciously or sadistically”. He instead argued for a standard of “objective reasonableness” under the Fourth Amendment. The United States Court of Appeals, Fourth Circuit, rejected this argument, reasoning that concepts such as "good faith" are relevant to determining the degree of force used. It affirmed the directed verdict, holding that a reasonable jury could not have found in Graham’s favor.</p>

majority opinion

vacated/remanded

Civil Rights

Granfinanciera, S. A. v. Nordberg

https://api.oyez.org/cases/1988/87-1716

87-1716

1988

Granfinanciera, S.A., et al.

Paul C. Nordberg

<p>In 1983, the Chase &amp; Sanborn Company filed for Chapter 11 bankruptcy. The United States Bankruptcy Court for the Southern District of Florida made Paul Nordberg the trustee in bankruptcy. In 1985, Nordberg sued Granfinanciera, S.A. and Medex, Ltda. in district court. Nordberg alleged that they received $1.7 million in fraudulent transfers from Chase &amp; Sanborn’s corporate predecessor a year before the bankruptcy filing. The district court referred the proceedings to bankruptcy court. Five months later, after the Colombian government nationalized Granfinanciera, Granfinanciera and Medex requested a jury trial. The bankruptcy court denied the request because fraudulent transfers were a non-jury issue under English common law. After a bench trial, the bankruptcy court dismissed the actual fraud claim but found in favor of Nordberg on the constructive fraud claim in the amount of $1,500,000 against Granfinanciera and $180,000 against Medex. The district court affirmed the decision.</p> <p>The U.S. Court of Appeals for the Eleventh Circuit affirmed and held that Granfinanciera and Medex did not have a statutory right to a jury trial, nor did they have a right under the Seventh Amendment.</p> <p> </p>

majority opinion

reversed/remanded

Criminal Procedure

Price Waterhouse v. Hopkins

https://api.oyez.org/cases/1988/87-1167

87-1167

1988

Price Waterhouse

Ann B. Hopkins

<p>Ann Hopkins worked at Price Waterhouse for five years before being proposed for partnership. Although Hopkins secured a $25 million government contract that year, the board decided to put her proposal on hold for the following year. The next year, when Price Waterhouse refused to re-propose her for partnership, she sued under Title VII for sex discrimination. Of 622 partners at Price Waterhouse, 7 were women. The partnership selection process relied on recommendations by other partners, some of whom openly opposed women in advanced positions, but Hopkins also had problems with being overly aggressive and not getting along with office staff.</p> <p>The district court held that Price Waterhouse had discriminated, but Hopkins was not entitled to full damages because her poor interpersonal skills also contributed to the board’s decision. The U.S. Court of Appeals for the District of Columbia Circuit affirmed, but held that the employer is not liable if it can show by clear and convincing evidence that it would have made the same employment decision in the absence of discrimination.</p>

plurality opinion

reversed/remanded

Civil Rights

Massachusetts v. Morash

https://api.oyez.org/cases/1988/88-32

88-32

1988

Massachusetts

Richard N. Morash

<p>The Commonwealth of Massachusetts (Massachusetts) sued Richard N. Morash, the president of the Yankee Bank for Finance and Savings (Bank). Massachusetts alleged that, by failing to compensate two terminated employees for vacation time they accrued but did not use, Morash violated the Massachusetts Payment of Wages Statute (Statute). Massachusetts alleged the statute was pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA). ERISA requires an employer to pay a discharged employee his full wages, including holiday or vacation payments, on date of discharge. The trial judge certified the preemption question to the Massachusetts Appeals Court. The Supreme Judicial Court of Massachusetts transferred the case to its docket on its own initiative and held that the policy constituted an employee welfare benefit plan and that the statute was pre-empted by ERISA.</p>

majority opinion

reversed/remanded

Economic Activity

Texas v. Johnson

https://api.oyez.org/cases/1988/88-155

88-155

1988

Texas

Gregory Lee Johnson

<p>In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.</p>

majority opinion

affirmed

First Amendment

DeShaney v. Winnebago County Department of Social Services

https://api.oyez.org/cases/1988/87-154

87-154

1988

DeShaney

Winnebago County Department of Social Services

<p>In 1984, four-year-old Joshua DeShaney became comatose and then profoundly retarded due to traumatic head injuries inflicted by his father who physically beat him over a long period of time. The Winnebago County Department of Social Services took various steps to protect the child after receiving numerous complaints of the abuse; however, the Department did not act to remove Joshua from his father's custody. Joshua DeShaney's mother subsequently sued the Winnebago County Department of Social Services, alleging that the Department had deprived the child of his "liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence."</p>

majority opinion

affirmed

Civil Rights

Consolidated Rail Corporation v. Railway Labor Executives' Association

https://api.oyez.org/cases/1988/88-1

88-1

1988

Consolidated Rail Corporation

Railway Labor Executives' Association

<p>On February 20, 1987, Consolidated Rail Corporation ("Conrail") announced its decision to include drug screening in all periodic and return-to-duty examinations. Conrail had always enforced Rule G of its agreement with its unionized employees, which forbids the use or possession of "intoxicants, narcotics, amphetamines or hallucinogens" by its employees. Previously, it routinely used drug screening urinalysis as part of return-to-duty medical examinations of employees with drug-related problems and in other examinations where the examining physician suspected drug use.</p> <p>The Railway Labor Executives' Association ("RLEA")-- comprised of individuals in leadership positions at more than eighteen craft unions-- filed suit against Conrail, alleging that Conrail violated Section 6 of the Railway Labor Act ("RLA"). The RLA, passed in 1926 and amended in 1934, created the National Railroad Adjustment Board, an arbitration board designed to settle minor disputes between railroad companies and labor organizations. Under Sections 5 and 6 of the RLA, major disputes require an extensive mediation and conciliation process.</p> <p>District court Judge Anthony J. Scirica found that the dispute was "minor" under the Railway Labor Act because Conrail's decision was arguably justified by the terms of its agreement with the unions, and that the court had no jurisdiction over the dispute. Judge Dolores Sloviter of the U.S. Court of Appeals, 3rd Circuit reversed. Judge Sloviter rejected the district court's conclusion that Conrail's prior use of medical examinations arguably justified unilaterally changing its drug testing policy. The appeals court held that the dispute was "major" because it changed the terms and conditions governing employment relationships.</p>

majority opinion

reversed

Unions

Frazee v. Illinois Department of Employment Security

https://api.oyez.org/cases/1988/87-1945

87-1945

1988

William A. Frazee

Illinois Dept. of Employment Security; Sally Ward, Director of the Illinois Dept. of Employment Security; Bruce W. Barnes, Chairman of the Board of Review; Kelly Services

<p>William A. Frazee was laid off from his job with the state of Illinois. Kelly Services, a temp agency, offered him a job at a department store working Wednesday through Sunday. Frazee “as a Christian” refused to work Sundays. The store did not give Frazee the job. Frazee did not claim that he was part of a particular religious sect or church or that working on Sundays violated a tenant of an established religious body. When Frazee applied for unemployment benefits, the Illinois Department of Employment Security denied his claim because he turned down a job offer. The Circuit Court of the 10th Judicial Circuit of Illinois affirmed. The Appellate Court of Illinois affirmed, holding that the free exercise clause does not require accommodations for “personal professed religious belief[s]”.</p>

majority opinion

reversed/remanded

First Amendment

Florida v. Riley

https://api.oyez.org/cases/1988/87-764

87-764

1988

Florida

Michael A. Riley

<p>Michael Riley lived in a mobile home situated on five acres of rural land in Florida. Riley owned a greenhouse that was located behind his home; from the ground, the contents of Riley’s greenhouse were shielded from view by its walls and the trees on his property. In 1984, the Pasco County Sheriff’s office received a tip that Riley was growing marijuana on his property. The investigating officer tried to see into the greenhouse from the ground but could not, so he circled in a helicopter at 400 feet and saw what he believed to be marijuana growing inside. Acting on this information, the investigating officer obtained a search warrant, searched the greenhouse, and found the marijuana. Riley was charged with possession of marijuana.</p> <p>Riley filed a motion to suppress the evidence obtained in the search. The trial court granted his motion and held that viewing his property from the air violated Riley’s reasonable expectation of privacy. The District Court of Appeal of Florida, Second District, reversed the trial court’s decision and denied Riley’s motion to dismiss the evidence. The appellate court also certified the case to the Supreme Court of Florida, which reinstated the trial court’s order to suppress the evidence.</p>

plurality opinion

reversed

Criminal Procedure

Mistretta v. United States

https://api.oyez.org/cases/1988/87-7028

87-7028

1988

John Mistretta

United States

<p>Congress created the United States Sentencing Commission under the Sentencing Reform Act of 1984. This Commission was to attack the wide discrepancies in sentencing by federal court judges by creating sentencing guidelines for all federal offenses. It was to be part of the judicial branch, with members appointed by the President and approved by the Senate. John Mistretta (convicted of three counts of selling cocaine) claimed that the Act violated the delegation-of-powers principle by giving the Commission "excessive legislative powers." This case was decided together with United States v. Mistretta.</p>

majority opinion

affirmed

Miscellaneous

Harte-Hanks Communications, Inc. v. Connaughton

https://api.oyez.org/cases/1988/88-10

88-10

1988

Harte-Hanks Communications, Inc.

Daniel Connaughton

<p>Daniel Connaughton ran against the incumbent for the office of Municipal Judge of Hamilton, Ohio, in an election set for November 8, 1983. About a month before the election, the incumbent’s Director of Court Services resigned and was arrested on bribery charges. On November 1, 1983, the Journal News, a local newspaper owned by Harte-Hanks Communications, published a front-page story about the grand jury investigation. The story quoted a grand jury witness who accused Connaughton of using “dirty tricks” and offering her bribes in exchange for her assistance with the investigation. The Journal News also endorsed the incumbent Municipal Judge.</p> <p>Connaughton sued Harte-Hanks Communications and alleged that the article was false, that it damaged his professional reputation, and that it was published maliciously. The district court ruled in favor of Connaughton, and that United States Court of Appeals for the Sixth Circuit affirmed.</p> <p>Daniel Connaughton ran against the incumbent for the office of Municipal Judge of Hamilton, Ohio, in an election set for November 8, 1983. About a month before the election, the incumbent’s Director of Court Services resigned and was arrested on bribery charges. On November 1, 1983, the Journal News, a local newspaper owned by Harte-Hanks Communications, published a front-page story about the grand jury investigation. The story quoted a grand jury witness who accused Connaughton of using “dirty tricks” and offering her bribes in exchange for her assistance with the investigation. The Journal News also endorsed the incumbent Municipal Judge.</p> <p>Connaughton sued Harte-Hanks Communications and alleged that the article was false, that it damaged his professional reputation, and that it was published maliciously. The district court ruled in favor of Connaughton, and that United States Court of Appeals for the Sixth Circuit affirmed.</p> <p> </p>

majority opinion

affirmed

First Amendment

Michael H. v. Gerald D.

https://api.oyez.org/cases/1988/87-746

87-746

1988

Michael H. et al.

Gerald D.

<p>Gerald D. was the presumptive father of Victoria D. since she was born to his wife Carole D.. However, Carole had an adulterous partner, Michael H., who obtained blood tests indicating that he was likely the biological father. When Michael obtained visitation rights in a California state court, Gerald argued that Michael had no ground under California law to challenge Gerald's paternity since more than two years had passed since Victoria's birth. According to Cal. Evid. Code 621, the child is "presumed to be a child of the marriage" and another man can only challenge this presumption within two years of birth. The court ruled in favor of Gerald and canceled Michael's visitation rights. Michael claimed that Code 621 violated his Fourteenth Amendment due process rights by denying him an opportunity to establish his paternity. A California Court of Appeals upheld the constitutionality of Code 621.</p>

plurality opinion

affirmed

Due Process

City of Richmond v. J. A. Croson Company

https://api.oyez.org/cases/1988/87-998

87-998

1988

City of Richmond

J. A. Croson Company

<p>In 1983, the City Council of Richmond, Virginia adopted regulations that required companies awarded city construction contracts to subcontract 30 percent of their business to minority business enterprises. The J.A. Croson Company, which lost its contract because of the 30 percent set-aside, brought suit against the city.</p>

majority opinion

affirmed

Civil Rights

Arizona v. Youngblood

https://api.oyez.org/cases/1988/86-1904

86-1904

1988

Arizona

Larry Youngblood

<p>On October 29, 1983, 10-year-old David was abducted from a church carnival. The abductor molested and sodomized the boy, then returned him to the carnival an hour and a half later. David’s mother took him to the Kino Hospital, where a doctor examined him and used a sexual assault kit to collect evidence. The police collected the kit and the boy’s clothes. The evidence from the kit was refrigerated, but the clothing was not. Nine days after the attack, David positively identified Larry Youngblood as the abductor from a photo lineup. The next day, a police criminologist examined the sexual assault kit and determined that sexual contact had occurred, but he did not test the clothing at that time. Youngblood was indicted on charges of sexual assault, kidnapping, and child molestation. The state moved to compel him to provide samples to compare with those from the sexual assault kit, but the trial court denied the motion because there was not enough sample material in the kit to make a valid comparison. In January 1985, the police criminologist tested the boy’s clothing for the first time and received inconclusive data.</p> <p>At trial, police witnesses testified as to what the tests might have shown had they been conducted closer to the time the evidence was gathered. The court instructed the jury to consider the facts “against the state’s interests” if they found the state had lost or destroyed evidence by conducting the tests later. The jury found the defendant guilty. The Arizona Court of Appeals reversed and held that, when identity is an issue at trial, the loss or destruction of evidence that could remove the defendant from suspicion is a denial of due process. The Supreme Court of Arizona denied the petition for review.</p>

majority opinion

reversed/remanded

Due Process

Missouri v. Jenkins

https://api.oyez.org/cases/1988/88-64

88-64

1988

Missouri

Kalima Jenkins et al.

<p>The Kansas City Missouri School District hired lawyers to argue a major desegregation case against the state of Missouri in federal district court. When the lawyers won the case after years of litigation, they sought compensation from Missouri under the Civil Rights Attorney's Fees Awards Act of 1976. The district court calculated the amount owed using current market rates for attorney's fees. Missouri objected to paying the lawyers at current rates for work they performed in the past when rates were lower. The United States Court of Appeals for the Eighth Circuit ruled against Missouri. Missouri alleged that the federal courts violated its Eleventh Amendment sovereign immunity privileges by forcing it to pay higher rates.</p>

majority opinion

affirmed

Attorneys

United States v. Sokolow

https://api.oyez.org/cases/1988/87-1295

87-1295

1988

United States

Sokolow

<p>Drug Enforcement Administration agents stopped Sokolow in Honolulu International Airport after his behavior indicated he may be a drug trafficker: he paid $2,100 in cash for airline tickets, he was not traveling under his own name, his original destination was Miami, he appeared nervous during the trip, and he checked none of his luggage. Agents arrested Sokolow and searched his luggage without a warrant. Later, at the DEA office, agents obtained warrants allowing more extensive searches and they discovered 1,063 grams of cocaine.</p>

majority opinion

reversed/remanded

Criminal Procedure

Stanford v. Kentucky

https://api.oyez.org/cases/1988/87-5765

87-5765

1988

Kevin Stanford

Kentucky

<p>At 17 years old, Kevin Stanford was convicted by a Kentucky jury of murder, sodomy, robbery, and the receipt of stolen property. Stanford was sentenced to death under a state statute which permitted juvenile offenders to receive the death penalty for Class A felonies or capital crimes. Stanford appealed his sentence and his case was consolidated with that of Wilkins v. Missouri, involving a 16 year old's appeal of his death sentence following a conviction for murder in Missouri. Both Stanford and Wilkins alleged that the imposition of the death penalty on offenders as young as themselves violated their constitutional rights.</p>

majority opinion

affirmed

Criminal Procedure

Florida Star v. B. J. F.

https://api.oyez.org/cases/1988/87-329

87-329

1988

Florida Star

Betty Jean Freeman

<p>A reporter for the Florida Star wrote and printed an article about Betty Jean Freedman’s rape, including her full name. The reporter obtained all of his information, including the victim’s name, from the police report. The police department did not restrict access to the pressroom or police reports, but there were several signs in the area instructing not to print victim’s names. The newspaper also had a policy of not printing the full names of victims. After the article ran, Freedman and her family received several threatening phone calls, and Freedman sought mental counseling and police protection. Freedman sued, claiming emotional distress. The district court found Florida Star guilty of negligence under a Florida law that prohibits publishing the name of a victim of a sexual offense in any instrument of mass communication. The court awarded Freedman compensatory and punitive damages. The district court of appeal affirmed and the Supreme Court of Florida denied review.</p>

majority opinion

reversed

First Amendment

County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter

https://api.oyez.org/cases/1988/87-2050

87-2050

1988

County of Allegheny

American Civil Liberties Union, Greater Pittsburgh Chapter

<p>Two public-sponsored holiday displays in Pittsburgh, Pennsylvania, were challenged by the American Civil Liberties Union. The first display involved a Christian nativity scene inside the Allegheny County Courthouse. The second display was a large Chanukah menorah, erected each year by the Chabad Jewish organization, outside the City-County building. The ACLU claimed the displays constituted state endorsement of religion. This case was decided together with Chabad v. ACLU and City of Pittsburgh v. ACLU of Greater Pittsburgh.</p>

majority opinion

affirmed

First Amendment

Ward v. Rock Against Racism

https://api.oyez.org/cases/1988/88-226

88-226

1988

Ward

Rock Against Racism

<p>New York City, responding to complaints of high-decibel concerts adjoining residential neighborhoods, mandated the use of city-provided sound systems and technicians for concerts in Central Park. Members of rock group claimed that the inability to use their own sound equipment and technicians in a concert in a public forum interfered with their First Amendment rights of expression.</p>

majority opinion

reversed

First Amendment

Murray v. Giarratano

https://api.oyez.org/cases/1988/88-411

88-411

1988

Murray

Giarratano

<p>The respondents, a class of indigent Virginia death row inmates who did not have counsel to pursue post conviction proceedings, sued various state officials and argued that the Sixth Amendment of the Constitution required that they be provided with counsel at the state’s expense for the purpose of pursuing collateral proceedings related to their convictions and sentences. The district court found that Virginia’s policy of either allowing death row inmates time in the prison law library or permitting them to have law books in their cells did not do enough to satisfy Virginia’s obligation to provide them some form of relief. That court also found the availability of attorneys to assist inmates was inadequate. The U.S. Court of Appeals for the Fourth Circuit affirmed.</p>

plurality opinion

reversed

Civil Rights

City of Dallas v. Stanglin

https://api.oyez.org/cases/1988/87-1848

87-1848

1988

City of Dallas, et al.

Charles M. Stanglin

<p>The city of Dallas, Texas passed an ordinance regulating the ages of admitted patrons and the hours of operation for dance halls. Charles M. Stanglin, the owner of the Twilight Skating Rink in Dallas, in compliance with this ordinance, split his skate rink into two sections: one section for patrons ages 14-18 and the other for anyone who pays the cost of admission. Stanglin sued the city to be able to un-divide the Twilight Skating Rink and argued that the ordinance placing age restrictions on dance halls violated the First Amendment right to freedom of association and the Equal Protection Clause of the Fourteenth Amendment.</p> <p>The district court held that the ordinance did not violate the First or Fourteenth Amendments and that the ordinance's purpose was to benefit the welfare of teenagers in Dallas by limiting their exposure to illicit activities. The Court of Appeals of Texas affirmed in part and reversed in part by holding that the ordinance did not violate the Equal Protections Clause of the Fourteenth Amendment but that the ordinance unconstitutionally infringed on the First Amendment right to freedom of association.</p>

majority opinion

reversed/remanded

First Amendment

Wards Cove Packing Company, Inc. v. Atonio

https://api.oyez.org/cases/1988/87-1387

87-1387

1988

Wards Cove Packing Co. et al.

Frank Atonio et al.

<p>Wards Cove Packing Co. employed primarily nonwhite workers for unskilled seasonal jobs canning fish. A group of nonwhite workers filed suit in federal district court alleging that Wards Cove practiced discriminatory hiring in violation of Title VII of the Civil Rights Act of 1964. As evidence, the group compared the high percentage of nonwhites in unskilled work with the high percentage of whites in skilled work. The District Court rejected this claim because it found that Ward received unskilled workers through a hiring agency that enrolled primarily nonwhites. The United States Court of Appeals for the Ninth Circuit reversed. It held that Ward had the burden of proof to show that its hiring practices were not discriminatory after the claimants presented evidence of racial disparity.</p>

majority opinion

reversed/remanded

Civil Rights

Davis v. Michigan Department of the Treasury

https://api.oyez.org/cases/1988/87-1020

87-1020

1988

Paul Davis

Michigan Department of the Treasury

<p>Paul Davis, a resident of Michigan, worked for the federal government and upon retirement received benefits. Michigan law exempts state retirement benefits from state taxes. Smith unsuccessfully petitioned for a refund on the state taxes he paid on his federal retirement benefits. He then filed suit in the Michigan Court of Claims arguing that the state's tax policy violated 4 U.S.C. 111 by taxing benefits paid to federal employees but not to state employees. The court dismissed his suit and so did the Michigan Court of Appeals.</p>

majority opinion

reversed/remanded

Federalism

Lewis v. Jeffers

https://api.oyez.org/cases/1989/89-189

89-189

1989

Samuel A. Lewis, Director of the Arizona Department of Corrections, et al.

Jimmie Wayne Jeffers

<p>In May of 1976, Jimmy Wayne Jeffers and his girlfriend, Penelope Cheney, were arrested for possession of narcotics and receipt of stolen property. Jeffers posted bond for Cheney but was unable to post bond for himself. While in jail, Jeffers learned that Cheney was cooperating with the police. He offered another inmate money to kill Cheney, but a detention officer seized the note. Jeffers was released on bond in October of 1976. He quickly contacted Cheney and invited her to his motel room to give her heroin. When Doris Van der Veer, the woman with whom Jeffers had been living since his release from prison, entered the room a few hours later, she saw Cheney comatose on the bed and Jeffers injecting liquid into her arm. Van der Veer reported seeing Jeffers choke Cheney to death and then beat her body while calling her dirty names. Van der Veer and Jeffers then wrapped the body in newspapers and plastic bags and buried it in a shallow grave.</p> <p>A jury convicted Jeffers of first-degree murder. At sentencing, the court found two aggravating circumstances and no mitigating factors, so Jeffers was sentenced to death under Arizona state law. On direct review, the Arizona Supreme Court vacated the death sentence and remanded the case for resentencing. On a second direct appeal, the Arizona Supreme Court conducted an independent review of the evidence and affirmed the death sentence. Jeffers petitioned the district court for a writ of habeas corpus and argued that Arizona’s standard of an “especially heinous…or depraved” aggravating circumstance was unconstitutionally vague. The district court rejected Jeffers’ challenge. The U.S. Court of Appeals for the Ninth Circuit held that the standard was unconstitutionally vague as it applied to Jeffers and struck down the death sentence.</p> <p> </p>

majority opinion

reversed/remanded

Criminal Procedure

United States v. Eichman

https://api.oyez.org/cases/1989/89-1433

89-1433

1989

United States

Eichman

<p>In 1989, Congress passed the Flag Protection Act which made it a crime to destroy an American flag or any likeness of an American flag which may be "commonly displayed." The law did, however, allow proper disposal of a worn or soiled flag. Several prosecutions resulted from the Act. Eichman set a flag ablaze on the steps of the U.S. Capitol while protesting the government's domestic and foreign policy. Another prosecution (United States v. Haggerty) resulted from a flag-burning in Seattle protesting the passage of the Flag Protection Act.Both cases (Eichman's and Haggerty's) were argued together.</p>

majority opinion

affirmed

First Amendment

Illinois v. Rodriguez

https://api.oyez.org/cases/1989/88-2018

88-2018

1989

Illinois

Edward Rodriguez

<p>A woman called police officers to a residence. She showed signs of having been beaten. She led police to another residence, where she said Edward Rodriguez was asleep inside. She alleged that he had beaten her earlier in the day. The woman had a key to the residence and referred to it as “our apartment” several times. She consented to a search of the residence and police entered without a warrant. Once inside, police found drug paraphernalia and containers filled with a white powder. Police arrested Rodriguez and he was later charged with possession of a controlled substance with intent to deliver. At trial, Rodriguez attempted to suppress evidence obtained during the search, arguing that the woman did not have authority to consent to the search. The woman had moved out a few weeks before the incident and no longer lived at the apartment. With no valid consent, the search violated the Fourth Amendment. The court granted the motion. The Appellate Court of Illinois affirmed and the Supreme Court of Illinois denied leave to appeal.</p>

majority opinion

reversed/remanded

Criminal Procedure

Jimmy Swaggart Ministries v. Board of Equalization of California

https://api.oyez.org/cases/1989/88-1374

88-1374

1989

Jimmy Swaggart Ministries

Board of Equalization of California

<p>California law required retailers to pay a 6 percent sales tax on in-state sales of tangible personal property and residents to pay a 6 percent use tax on such property if purchased out of state. Jimmy Swaggart Ministries, incorporated in Louisiana, sold religious materials to California residents through several direct and mail-order "evangelistic crusades." After auditing his ministry, the California Board of Equalization ("Board") told Swaggart that under California law he had to register his ministry as a seller so the Board could collect the appropriate sales and use taxes. After paying the taxes, Swaggart petitioned the Board for a refund. When his petition was rejected, Swaggart challenged the Board in state court. Following two unfavorable rulings below, the U.S. Supreme Court granted Swaggart's petition for certiorari.</p>

majority opinion

affirmed

First Amendment

Board of Education of Westside Community Schools v. Mergens By and Through Mergens

https://api.oyez.org/cases/1989/88-1597

88-1597

1989

BOE of Westside Community Schools

Mergens By and Through Mergens

<p>The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor. When the school board upheld the administration's denial, Mergens and several other students sued. The students alleged that Westside's refusal violated the Equal Access Act, which requires that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages. On appeal from an adverse District Court ruling, the Court of Appeals found in favor of the students. The Supreme Court granted Westside certiorari.</p>

majority opinion

affirmed

First Amendment

Pennsylvania v. Muniz

https://api.oyez.org/cases/1989/89-213

89-213

1989

Pennsylvania

Inocencio Muniz

<p>On November 30, 1986, a patrol officer saw Inocencio Muniz and another passenger in a car stopped on the shoulder of a highway. When the officer approached, he could smell alcohol on Muniz’s breath and saw that his eyes were bloodshot and his face was flushed. The officer advised Muniz to remain parked, but as he was leaving he saw Muniz drive off. The officer pulled Muniz over and had him perform three field sobriety tests, all of which Muniz failed. Muniz told the officer he failed them because he had been drinking. The officer arrested Muniz and took him to a booking center, where he was told that his actions and voice were being recorded, but no one read him his Miranda rights. Muniz answered a series of questions about himself and stumbled over an answer regarding the year he turned six. Muniz again failed three field sobriety tests and refused a breathalyzer test. The officer then read Muniz his Miranda rights, and Muniz signed a statement waiving them. In subsequent questioning, he admitted to being under the influence of alcohol.</p> <p>At trial, the video and audio recordings of Muniz’s behavior at the booking center were admitted into evidence, along with the officer’s reports of Muniz’s failure of the field sobriety tests and his incriminating statements. Muniz was convicted of driving under the influence of alcohol. He filed a motion for a new trial and argued that the evidence of his behavior and statements prior to the Miranda warning should have been excluded from trial. The trial court denied the motion. The Superior Court of Pennsylvania reversed and held that the testimony regarding Muniz’s behavior and the results of the field sobriety tests was physical in nature, not testimonial, but that the audio portion of the recording should have been suppressed. The Pennsylvania Supreme Court denied the application for review.</p>

majority opinion

vacated/remanded

Criminal Procedure

Rutan v. Republican Party of Illinois

https://api.oyez.org/cases/1989/88-1872

88-1872

1989

Rutan

Republican Party of Illinois

<p>In November 1980, Governor James Thompson of Illinois issued an order that prohibited state officials from hiring new employees, promoting state employees, or recalling state employees after layoffs without the approval of the Governor's Office of Personnel. The Office of Personnel based hiring and promotion decisions on factors such as the applicant's contributions to the Republican Party, the applicant's record of service to the Republican Party, and the support of local Party officials. In the jointly decided case of Frech v. Rutan, Cynthia B. Rutan and a number of other potential and current state employees challenged this patronage system, alleging that the Governor was violating their First Amendment rights by practicing unfair political patronage and party-based discrimination.</p>

majority opinion

reversed in-part/remanded

First Amendment

Illinois v. Perkins

https://api.oyez.org/cases/1989/88-1972

88-1972

1989

Illinois

Perkins

<p>While being held in jail, Perkins freely confessed to committing a murder to an undercover police officer who was posing as another inmate.</p>

majority opinion

reversed/remanded

Criminal Procedure

W.S. Kirkpatrick & Company, Inc. v. Environmental Tectonics Corporation, International

https://api.oyez.org/cases/1989/87-2066

87-2066

1989

W.S. Kirkpatrick & Company, Inc.

Environmental Tectonics Corporation, International

<p>In 1981, the Republic of Nigeria was interested in building an aeromedical center at Kaduna Air Force Base. Both W.S. Kirkpatrick &amp; Co., Inc. (Kirkpatrick) and Environmental Tectonics Corporation International (Environmental Tectonics) bid for the contract. Kirkpatrick established a deal with a Nigerian citizen who would attempt to ensure Kirkpatrick received the contract. In exchange, Kirkpatrick would pay two Panamanian companies owned by the Nigerian individual 20% of the contract price, which would be distributed as bribes to Nigerian officials. Kirkpatrick succeeded in obtaining the contract, and Environmental Tectonics brought the issue to the attention of the authorities. The United States Attorney for the District of New Jersey brought charges against Kirkpatrick and its CEO, and both pled guilty.</p> <p>Environmental Tectonics sued Kirkpatrick in district court and sought damages under anti-racketeering acts. Kirkpatrick moved to dismiss the complaint by arguing that the action was barred by state doctrine that prohibited courts from considering cases that would result in embarrassment for a sovereign nation or interfere with US foreign policy. The district court treated the motion as one for summary judgment and granted the motion in favor of Kirkpatrick. The district court held that Environmental Tectonics would have to prove that Nigerian officials accepted bribes and allowed the bribes to influence governmental decisions. The US Court of Appeals for the Third Circuit reversed and held that Kirkpatrick had not met its burden to show that the case could not proceed.</p>

majority opinion

affirmed

Judicial Power

Peel v. Attorney Registration and Disciplinary Commission of Illinois

https://api.oyez.org/cases/1989/88-1775

88-1775

1989

Peel

Attorney Registration and Disciplinary Commission of Illinois

<p>Gary Peel, an attorney licensed to practice in three states, received a "Certificate in Civil Trial Advocacy" from the National Board of Trial Advocacy (NBTA). This certificate is earned by compiling extensive trial experience, completing continuing legal education classes, and passing a day-long examination. In addition to listing the three states in which he was licensed to practice, Peel listed his NBTA certification on his letterhead. The Administrator of the Attorney Registration and Disciplinary Commission of Illinois filed a complaint against Peel and argued that he was publicly presenting himself as a certified legal specialist in violation of the Illinois Code of Professional Responsibility. At Peel's disciplinary hearing, the Illinois Supreme Court agreed with the Commission and held that Peel's letterhead was commercial speech that could be governed by the lawyer advertising regulations. The Illinois Supreme Court also held that Peel's letterhead amounted to an unwarranted claim of superior quality of service because it could lead the public to believe that his authority to practice trial advocacy was derived from his NBTA certification.</p>

plurality opinion

reversed/remanded

Attorneys

Florida v. Wells

https://api.oyez.org/cases/1989/88-1835

88-1835

1989

Florida

Martin Leslie Wells

<p>On February 11, 1985, a Florida Highway Patrol officer stopped Martin Wells for speeding and smelled alcohol on his breath. Wells was arrested for driving under the influence and taken to the police station for a breathalyzer test. While in custody, police told Wells that his car would be impounded, and he granted permission to the officer to open the trunk. An inventory search of the car at the impoundment revealed two marijuana cigarette butts and a locked suitcase in the trunk. Under the direction of a trooper, impoundment employees opened the suitcase and found a garbage bag of marijuana.</p> <p>Wells was charged with possession of a controlled substance. He moved to suppress the marijuana evidence by arguing that it was seized in violation of the Fourth Amendment. The trial court denied the motion. Wells pleaded nolo contendere but reserved the right to appeal on the motion to suppress. The Florida District Court of Appeal for the Fifth District reversed the ruling on the motion to suppress, and the Florida Supreme Court affirmed.</p> <p> </p>

majority opinion

affirmed

Criminal Procedure

Eli Lilly and Company v. Medtronic, Inc.

https://api.oyez.org/cases/1989/89-243

89-243

1989

Eli Lilly and Company

Medtronic, Inc.

<p>In 1983, the predecessor-in-interest to Eli Lilly &amp; Co. sued Medtronic, Inc. for patent infringement to enjoin Medtronic’s research and marketing of an implantable cardiac defibrillator, a device used to treat heart problems. Medtronic argued that the information was used to develop and submit new information under the Food, Drug, and Cosmetic Act (FDCA), and therefore it was exempt from the statutes governing patent infringement. The district court held that there was no such exemption and issued a permanent injunction. The U.S. Court of Appeals for the Federal Circuit reversed and held that Medtronic’s actions could not be considered patent infringement if they were reasonably related to obtaining approval under the FDCA.</p>

majority opinion

affirmed

Economic Activity

Burnham v. Superior Court of California, County of Marin

https://api.oyez.org/cases/1989/89-44

89-44

1989

Dennis Burnham

Superior Court of California, Marin County

<p>Dennis and Francie Burnham were married in 1976 and moved to New Jersey in 1977. In July of 1987, they decided to separate and agreed that Mrs. Burnham would take custody of the children, move to California, and file for divorce citing irreconcilable differences. In October of 1987, Mr. Burnham filed for divorce in New Jersey citing desertion. Mrs. Burnham successfully demanded that Mr. Burnham respect their previous agreement and filed for divorce in California in January 1988. Later that month, Mr. Burnham was in California on business and visited his children. While there, he was served with a California court summons and a copy of the divorce petition. Later that year, Mr. Burnham appeared before the California Superior Court and moved to quash the petition because the court lacked jurisdiction over him, as his only contacts with California were short business trips. The Superior Court denied the motion and the California Court of Appeal affirmed.</p>

plurality opinion

affirmed

Due Process

Sisson v. Ruby

https://api.oyez.org/cases/1989/88-2041

88-2041

1989

Everett A. Sisson

Burton B. Ruby, et al.

<p>On September 24, 1985, a yacht owned by Everett Sisson caught fire while it was moored at a Lake Michigan marina. The fire destroyed the yacht and damaged several others in the vicinity. The owners of the other yachts sued Sisson for $275,000 for the damage to their yachts and the marina. Sisson filed a petition for declaratory and injunctive relief to limit his liability to $800, the value of his yacht after the fire. He argued that the district court had maritime jurisdiction, but the court disagreed and dismissed the petition. Sisson moved for reconsideration, and the district court denied the motion. The U.S. Court of Appeals for the Seventh Circuit affirmed.</p>

majority opinion

reversed/remanded

Economic Activity

Austin v. Michigan Chamber of Commerce

https://api.oyez.org/cases/1989/88-1569

88-1569

1989

Austin

Michigan Chamber of Commerce

<p>The Michigan Campaign Finance Act prohibited corporations from using treasury money for independent expenditures to support or oppose candidates in elections for state offices. However, if a corporation set up an independent fund designated solely for political purposes, it could make such expenditures. The law was enacted with the assumption that "the unique legal and economic characteristics of corporations necessitate some regulation of their political expenditures to avoid corruption or the appearance of corruption." The Michigan Chamber of Commerce wanted to support a candidate for Michigan's House of Representatives by using general funds to sponsor a newspaper advertisement.</p>

majority opinion

reversed

First Amendment

Idaho v. Wright

https://api.oyez.org/cases/1989/89-260

89-260

1989

Idaho

Laura Lee Wright

<p>Laura Lee Wright and her ex-husband Louis Wright had jointly agreed that they would share custody of their daughter, while her half-sister would live with her parents, Laura Lee Wright and Robert Giles. In November 1986, when the girls were five years old and two years old, respectively, the older daughter told Cynthia Goodman, a friend of Louis Wright’s, that Giles had sexually assaulted her while Laura held her down and covered her mouth. The girl also said that she had seen the same thing happen to her younger sister. Goodman reported this information to the police and took the girl to the hospital where Dr. John Jambura examined her. Dr. Jambura found conditions highly suggestive of sexual intercourse that had occurred two or three days previously. Laura Wright and Giles were jointly charged with two counts of lewd conduct with a minor.</p> <p>During the trial, the court conducted a voir dire examination of the younger daughter, aged three years at the time of the trial, to determine whether she was capable of testifying. The court found, and the parties agreed, that she was not. Over the objection of the defense, the court allowed Dr. Jambura to testify to certain statements the younger daughter made during the examination. Laura Wright and Giles were convicted on both counts, and they appealed on the conviction regarding the conduct with the younger daughter. They argued that the trial court erred in admitting the hearsay testimony of Dr. Jambura. The Idaho Supreme Court held that the admission of the hearsay testimony violated the Confrontation Clause of the Sixth Amendment because the testimony did not fall under a hearsay exception and the interview in question lacked procedural safeguards. The Idaho Supreme Court also noted that children are highly susceptible to suggestion and can easily be influenced by leading questions. Because the Idaho Supreme Court was not convinced that the jury would have reached the same conclusion had the testimony been excluded, it reversed the conviction.</p>

majority opinion

affirmed

Criminal Procedure

Ohio v. Akron Center for Reproductive Health

https://api.oyez.org/cases/1989/88-805

88-805

1989

Ohio

Akron Center for Reproductive Health

<p>In 1985 the Ohio legislature passed House Bill 319, which requires a physician to notify the parents of an unmarried minor who is requesting an abortion, unless the situation falls under one of the exceptions. Exceptions include: the minor providing a letter of parental consent; the physician providing the parents with actual notification 24 hours before the procedure or notification by mail 48 hours before the procedure; and a judicial bypass procedure that allows a minor to obtain the approval of a specified relative upon filing an affidavit with a juvenile court or receive a notification waiver from a juvenile court if parental notification would cause the minor emotional, sexual, or physical abuse. Before the law was put into effect, an abortion clinic, one of its doctors, and a minor seeking an abortion sued in federal district court and claimed that the judicial bypass procedures the law required violated a minor’s Fourteenth Amendment due process rights. The district court found in favor of the plaintiffs and issued a preliminary injunction preventing Ohio form enforcing the statute. Ohio appealed and the U.S. Court of Appeals for the Sixth Circuit affirmed.</p>

majority opinion

reversed

Privacy

Employment Division, Department of Human Resources of Oregon v. Smith

https://api.oyez.org/cases/1989/88-1213

88-1213

1989

Employment Division, Department of Human Resources of Oregon

Alfred Smith et al.

<p>Two counselors for a private drug rehabilitation organization ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies as members of the Native American Church. As a result of this conduct, the rehabilitation organization fired the counselors. The counselors filed a claim for unemployment compensation. The government denied them benefits because the reason for their dismissal was considered work-related "misconduct." The state appellate court reversed the denial of benefits, finding that the denial violated their First Amendment right to the free exercise of religion. The state supreme court affirmed the appellate court. The U.S. Supreme Court vacated the Oregon Supreme Court's judgment against the disgruntled employees, and returned the case to the Oregon courts to determine whether or not sacramental use of illegal drugs violated Oregon's state drug laws (485 U.S. 660 (1988)). On remand, the Oregon Supreme Court concluded that while Oregon drug law prohibited the consumption of illegal drugs for sacramental religious uses, this prohibition violated the Free Exercise Clause. The case returned to the U.S. Supreme Court in this new posture.</p>

majority opinion

reversed

First Amendment

Lujan v. National Wildlife Federation

https://api.oyez.org/cases/1989/89-640

89-640

1989

Lujan

National Wildlife Federation

<p>The National Wildlife Federation (NWF) challenged 1,250 land-use designations made by the federal Bureau of Land Management (BLM). NWF filed suit under section 10(e) of the Administrative Procedure Act (APA), claiming that the actions were "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." NWF argued that it had standing to sue because two of its members used public lands "in the vicinity" of lands affected by the BLM's decisions (four other members submitted affidavits claiming that they, too, used lands close to affected areas, but the District Court ruled that the affidavits had been submitted too late).</p> <p>The BLM challenged the NWF's right to sue, and the District Court agreed. It found that the two affidavits filed in a timely manner did not show that the members had been sufficiently affected to have standing to sue. Furthermore, the court ruled that even if they had had standing to challenge those specific BLM decisions, they would not have had standing to challenge all 1,250.</p> <p>On appeal, however, the D.C. Circuit Court of Appeals reversed, holding that the initial two affidavits were enough to give them standing to challenge all 1,250 decisions. Moreover, the Court ruled that the District Court had abused its discretion by refusing to consider the additional four affidavits.</p>

majority opinion

reversed

Judicial Power

Alabama v. White

https://api.oyez.org/cases/1989/89-789

89-789

1989

Alabama

Vanessa Rose White

<p>An anonymous caller told Montgomery, Alabama police that Vanessa Rose White had cocaine in an attaché case in her car. The caller gave certain specific details about the car and White’s future movements. Following that tip, police followed Vanessa Rose White as she drove from an apartment complex to Doby’s Motel Court, where they pulled her over. When asked, White gave the officers permission to search her car and an attaché case found in the car. Police found marijuana in the case and arrested White. During processing at the police station, officers also found 3 milligrams of cocaine in White’s purse. After being charged with possession of marijuana and cocaine, White moved to suppress evidence of the drugs. The trial court denied the motion and White plead guilty. On appeal, the Court of Criminal Appeals of Alabama reversed the motion, finding that the officers did not have reasonable suspicion to stop and search White’s car. This search violated the Fourth Amendment protection against unreasonable searches and seizures.</p>

majority opinion

reversed/remanded

Criminal Procedure

United States v. Montalvo-Murillo

https://api.oyez.org/cases/1989/89-163

89-163

1989

United States

Guadalupe Montalvo-Murillo

<p>Guadalupe Montalvo-Murillo (Montalvo) was held in pretrial custody on federal criminal charges for attempting to enter New Mexico from Mexico with 72 pounds of cocaine. Montalvo cooperated with authorities and agreed to make a controlled delivery to the intended purchasers in Chicago. The authorities took Montalvo to Chicago where the purchase fell through, so they transferred Montalvo back to New Mexico where the criminal complaint charging him with possession of cocaine was originally filed. Montalvo’s detention hearing was not held until 13 days after his initial arrest in New Mexico because of the need to transfer him, the passage of two weekends, a federal holiday, and the fact that the government attorneys were unprepared. At Montalvo’s detention hearing, the district court determined that the delays violated the timeliness of proceedings required by the Bail Reform Act (Act). The district court also determined that Montalvo did not pose a flight risk and, to remedy the untimeliness of the pre-trial proceedings, released him. Montalvo fled upon his release. The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s ruling and held that the government’s failure to uphold the Act’s directions for a timely hearing justified Montalvo’s release.</p>

majority opinion

reversed

Criminal Procedure

Metro Broadcasting, Inc. v. Federal Communications Commission

https://api.oyez.org/cases/1989/89-453

89-453

1989

Metro Broadcasting, Inc.

Federal Communications Commission

<p>This case challenged the constitutionality of two minority preference policies of the Federal Communications Commission. Under the first policy challenged by Metro Broadcasting, Inc., minority applicants for broadcast licenses were given preference if all other relevant factors were roughly equal. The second policy, known as the "distress sale," was challenged by Shurberg Broadcasting of Hartford Inc. This policy allowed broadcasters in danger of losing their licenses to sell their stations to minority buyers before the FCC formally ruled on the viability of the troubled stations. This case was decided together with Astroline Communications Co. v. Shurberg Broadcasting, in which Faith Center Inc. made a "distress sale" of its television license to a minority outfit owned by Astroline. Shurberg, a non-minority applicant for a similar license, challenged the FCC's approval of Faith Center's sale to Astroline.</p>

majority opinion

affirmed

Civil Rights

Missouri v. Jenkins

https://api.oyez.org/cases/1989/88-1150

88-1150

1989

Missouri

Jenkins

<p>In order to combat segregation in public schools in compliance with court directives, the Kansas City, Missouri School District (KCMSD) sought to enhance the quality of schools and to attract more white students from the suburbs. The KCMSD's ability to raise taxes, however, was limited by state law. After determining that the District did not have alternative means of raising revenue for the program, federal district judge Russell G. Clark ordered an increase of local property taxes for the 1991-92 fiscal year. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision, but ruled that the courts should enjoin state tax laws that prevented the District from raising the necessary funds and allow the state to set tax rates.</p>

majority opinion

reversed in-part/remanded

Civil Rights

Walton v. Arizona

https://api.oyez.org/cases/1989/88-7351

88-7351

1989

Jeffrey Alan Walton

State of Arizona

<p>According to Arizona state law, after a person has been convicted of first-degree murder, there is a separate sentencing hearing to determine whether the punishment will be death or life imprisonment. The court must determine whether aggravating or mitigating factors were present. The judge imposes the death sentence if one or more aggravating factors are proven to exist.</p> <p>On March 2, 1986, Jeffrey Alan Walton, Robert Hoover, and Sharold Ramsey went to a bar in Tucson intending to rob someone at random and steal that individual’s car. The three robbed Thomas Powell at gunpoint and forced him into his car that they drove into the desert. They later stopped the car, forced Powell to lie on the ground, and Walton shot him in the head. After the body was found, the coroner determined that the shot did not kill Powell, but rather that he died from dehydration, starvation, and pneumonia from being left in the desert. Walton was convicted of first-degree murder.</p> <p>At the sentencing hearing, the prosecution argued that two aggravating factors were present: the murder was committed in “an especially heinous, cruel, or depraved manner” and for the purposes of financial gain. The defense argued that mitigating factors were present in the form of Walton’s history of substance abuse, possible sexual abuse as a child, and the fact that he was 20 years old at the time of the trial. The court found that the aggravating factors were present, and the judge sentenced Walton to death. The Arizona Supreme Court affirmed.</p> <p> </p>

majority opinion

affirmed

Criminal Procedure

Maryland v. Craig

https://api.oyez.org/cases/1989/89-478

89-478

1989

Maryland

Craig

<p>Sandra Ann Craig, the operator of a kindergarten and pre-school facility, was accused of sexually abusing a six-year-old child. Over Craig's objections, a trial court allowed the alleged child victim to testify via one-way closed circuit television. The child testified outside the courtroom while Mrs. Craig, through electronic communication with her lawyer, could make objections. The judge and jury also viewed the testimony in the courtroom. This was done in order to avoid the possibility of serious emotional distress for the child witness. The trial court convicted Craig, but the Maryland high court reversed.</p>

majority opinion

vacated/remanded

Criminal Procedure

Horton v. California

https://api.oyez.org/cases/1989/88-7164

88-7164

1989

Terry Brice Horton

California

<p>On January 13, 1985, Erwin Paul Wallaker, the treasurer of the San Jose Coin Club, returned home with the proceeds from the annual coin convention, which Terry Brice Horton attended. Upon entering his garage, two robbers accosted Wallaker; one was armed with a machine gun and the other with an electric shocking device. They threw him to the ground, shocked him, bound him, and robbed him of jewelry and cash. During this interaction, Wallaker was able to identify Horton by the sound of his voice. The three witnesses who discovered Wallaker partially corroborated his identification of Horton. They saw someone leaving the scene carrying what looked like an umbrella.</p> <p>Sergeant LaRault determined there was enough evidence to search Horton’s home, and obtained a warrant to do so. His affidavit for the search warrant described both the weapons and the proceeds of the robbery, but the warrant only granted permission to look for the stolen property. While searching Horton’s house, Sergeant LaRault did not find the property, but he did find an Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, along with other items linking Horton to the crime.</p> <p>The evidence was admitted into evidence at trial, and Horton was found guilty. The California Court of Appeals affirmed the verdict, and the California Supreme Court denied the petitioner’s request for review. </p>

majority opinion

affirmed

Criminal Procedure

Office of Personnel Management v. Richmond

https://api.oyez.org/cases/1989/88-1943

88-1943

1989

Office of Personnel Management

Charles Richmond

<p>Charles Richmond worked as a welder at the Navy Public Works Center in San Diego, California until 1981, when the Office of Personnel Management (OPM) approved his application to for a disability retirement. OPM determined that Richmond’s poor eyesight prevented him from performing his job and entitled him to receive the benefits for disabled federal employees who have completed five years of service. Before 1982, an individual was ineligible for disability benefits if, in each of the two succeeding calendar years, the individual earns at least 80 percent of the current pay of the position occupied immediately prior to retirement. In 1982, this requirement was amended so that an individual becomes ineligible if he earns at least 80 percent of the pay of the previous position in any succeeding calendar year. Until 1985, Richmond worked part time and his earnings were low enough to keep him eligible for disability benefits. In 1985, he had the opportunity to earn more money, so he contacted OPM to make sure he would remain eligible. OPM provided him with the old requirements but not the new ones. Richmond subsequently accepted overtime work, earned more, and became ineligible for disability benefits. He lost six months of disability pay.</p> <p>Richmond appealed the denial of benefits to the Merit Systems Protection Board (MSPB) and argued that the fact that he received incorrect information from OPM prevented them from denying his benefits. The MSPB denied Richmond’s appeal for review. Richmond appealed to the U.S. Court of Appeals for the Federal Circuit, which reversed the decision.</p>

majority opinion

reversed

Economic Activity

Georgia v. South Carolina

https://api.oyez.org/cases/1989/74_orig

74-orig

1989

Georgia

South Carolina

<p>The Charter of the Colony of Georgia described the Savannah River as its border with South Carolina. The Treaty of Beaufort (Treaty) further refined this boundary, which has since been disputed several times. This case was the third case since the Treaty that disputed this boundary. A Special Master was appointed to help resolve the dispute and filed two reports on the issue. This case was brought before the Supreme Court after Georgia and South Carolina filed disputes with the Special Master's reports .</p>

majority opinion

United States v. Verdugo-Urquidez

https://api.oyez.org/cases/1989/88-1353

88-1353

1989

United States

Verdugo-Urquidez

<p>Rene Martin Verdugo-Urquidez was a citizen and resident of Mexico. In cooperation with the Drug Enforcement Agency (DEA), Mexican police officers apprehended and transported him to the U.S. border, where he was arrested for various narcotics-related offenses. Following his arrest, a DEA agent sought authorization to search Verdugo-Urquidez's residences for evidence. The Director General of the Mexican Federal Judicial Police authorized the searches, but no search warrant from a U.S. magistrate was ever received. At trial, the district court granted Verdugo-Urquidez's motion to suppress the evidence on the ground that the search violated the Fourth Amendment to the Federal Constitution.</p>

majority opinion

reversed

Criminal Procedure

Wilder v. Virginia Hospital Association

https://api.oyez.org/cases/1989/88-2043

88-2043

1989

Wilder

Virginia Hospital Association

<p>To qualify for federal funding under the Medicaid Act, states must submit to the Secretary of Health and Human Services a plan that establishes a system by which healthcare providers will be reimbursed. Under the Boren Amendment, the reimbursement rates must be "reasonable and adequate" to meet the costs of efficiently operated facilities.</p> <p>In 1986, a group of hospitals brought sought against the state of Virginia, arguing that its reimbursement rates (which had been approved in 1982 and again in 1986 by the Secretary) were not "reasonable and adequate." The suit was brought under 42 U.S.C. 1983, which allows individuals or organizations to bring suit for the "deprivation of any rights ... secured by [federal] laws." Virginia argued that the Boren Amendment had not been intended to create a an enforceable right, but simply to provide guidelines for the Secretary to follow, and that the hospitals therefore could not bring suit under 1983. The state also argued that Congress had intended to prevent private parties from bringing suit to enforce the provisions of the Amendment. The District Court disagreed, allowing the suit to proceed. The Fourth Circuit Court of Appeals affirmed.</p>

majority opinion

affirmed

Judicial Power

Grady v. Corbin

https://api.oyez.org/cases/1989/89-474

89-474

1989

William V. Grady, District Attorney of Dutchess County

Thomas J. Corbin

<p>Around 6:30 p.m. on October 3, 1987, Thomas Corbin drove his car across the yellow line that separated lanes of traffic and struck two oncoming cars on Route 55 near LaGrange, New York. Assistant District Attorney Thomas Dolan arrived on the scene and learned that Brenda and Daniel Dirago, the driver and passenger of one of the cars, had been injured. Later that night, Dolan learned Brenda Dirago had died in the hospital. Corbin received two misdemeanor tickets, one for driving while intoxicated and one for failing to keep to the right of the median. </p> <p>Corbin pled guilty to both misdemeanors. The judge was unaware of the fatality the accident caused. On January 19, 1988, a grand jury indicted Corbin on charges of manslaughter, vehicular manslaughter, criminally negligent homicide, and reckless assault. Corbin filed a motion to dismiss the charges by arguing double jeopardy, but the county court denied the motion. Corbin sought a writ of prohibition to prevent further prosecution, which the Appellate Division denied. The New York Court of Appeals reversed.</p>

majority opinion

affirmed

Criminal Procedure

Atlantic Richfield Company v. USA Petroleum Company

https://api.oyez.org/cases/1989/88-1668

88-1668

1989

Atlantic Richfield Company

USA Petroleum Company

<p>Atlantic Richfield Company (ARCO) is an integrated oil company that sells gasoline to consumers through its own retail stations as well as independent ARCO-brand stations. USA Petroleum (USA), a competitor of ARCO, is an independent retail marketer that purchases gasoline from major petroleum companies and resells it under its own brand name. USA sued ARCO under the Clayton Act in the U.S. District Court for the Central District of California, alleging that ARCO had violated Section 1 of the Sherman Act by conspiring with the independent ARCO-brand stations to sell gasoline at below-market prices (the Clayton Act allows private parties to bring suit when they have been harmed by anticompetitive practices that violate the Sherman Act).</p> <p>The District Court ruled for ARCO, finding that even if USA could prove the conspiracy, it would not be an "antitrust injury" to USA under the Clayton Act unless it could also prove that the pricing was predatory (that is, that it was intended to drive USA and other competitors out of business). It would be impossible to prove this, the District Court concluded, because ARCO was not dominant enough in the market to exert that sort of power.</p> <p>A divided panel of the 9th Circuit Court of Appeals reversed, finding that it was not necessary to show predatory intent to prove an "antitrust inquiry." All that was necessary was a showing that the party bringing the suit had been harmed by price fixing carried out by the party being sued.</p>

majority opinion

reversed/remanded

Economic Activity

Metro Broadcasting, Inc. v. Federal Communications Commission

https://api.oyez.org/cases/1989/89-700

89-700

1989

Metro Broadcasting, Inc.

Federal Communications Commission

<p>In an effort to comply by its duty to promote programming diversity, under the Communications Act of 1934, the Federal Communications Commission (FCC) adopted two minority preference policies. The first policy awarded preferences to minority ownership bids for licenses for new radio or television broadcasting stations. The second policy allowed radio or television broadcasters with questionable license qualifications, to avoid an FCC investigation of their actions by making a "distress sale" of their licenses to a legitimate minority outfit. Upon FCC approval, Faith Center Inc. "distress sold" its television license to Astroline's minority-owned outfit. Shurberg, a nonminority applicant for a similar license, sought appellate review of Astroline's award. The appellate court agreed, and invalidated the distress sale policy as unconstitutional. Astroline appealed and the Supreme Court granted certiorari.</p>

majority opinion

affirmed

Civil Rights

Osborne v. Ohio

https://api.oyez.org/cases/1989/88-5986

88-5986

1989

Osborne

Ohio

<p>After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents. Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal.</p>

majority opinion

reversed/remanded

First Amendment

Maryland v. Buie

https://api.oyez.org/cases/1989/88-1369

88-1369

1989

Maryland

Jerome Edward Buie

<p>On February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland. One of the men was wearing a red running suit. Later that day, the police obtained warrants for the arrest of Jerome Edward Buie and Lloyd Allen and put Buie’s house under surveillance. On February 5, the police arrested Buie in his house. Police found him hiding in the basement. Once Buie emerged and was handcuffed, an officer went down to determine if there was anyone else hiding. While in the basement, the officer saw a red running suit in plain view and seized it as evidence.</p> <p>The trial court denied Buie’s motion to suppress the running suit evidence, and he was convicted. The Court of Special Appeals of Maryland affirmed the trial court’s denial of the motion. The Court of Appeals of Maryland reversed.</p>

majority opinion

vacated/remanded

Criminal Procedure

United States v. Kokinda

https://api.oyez.org/cases/1989/88-2031

88-2031

1989

United States

Kokinda

<p>Marsha Kokinda and Kevin Pearl were volunteers for the National Democratic Policy Committee. They set up a table on a sidewalk near a post office to solicit contributions and sell political literature. After post office employees received a large number of complaints, Kokinda and Pearl were asked to leave. They refused, at which point postal inspectors arrested them. They were charged and convicted of violating 39 CFR 232.1(h)(1)(1989), which prohibits "soliciting alms and contributions ... on postal premises." They appealed the convictions, arguing that they violated the Free Speech clause of the First Amendment. The District Court, ruling that the sidewalk in question (which was entirely on Postal Service property and was intended only for traffic to and from the Post Office) was not a public forum, found that the restrictions were reasonable and therefore did not violate the First Amendment. On appeal, however, a divided panel of the Fourth Circuit Court of Appeals ruled that the sidewalk was a traditional public forum and that the government's regulations were therefore subject to strict scrutiny. Because the government had no significant interest in banning solicitation, the convictions were unconstitutional.</p>

plurality opinion

reversed

First Amendment

Michigan Department of State Police v. Sitz

https://api.oyez.org/cases/1989/88-1897

88-1897

1989

Michigan Department of State Police

Rick Sitz

<p>In 1986, the Michigan State Police Department created a sobriety checkpoint program aimed at reducing drunk driving within the state. The program included guidelines governing the location of roadblocks and the amount of publicity to be given to the operation. Before the first roadblock went into effect, Rick Sitz, a licensed Michigan driver, challenged the checkpoints and sought declaratory and injunctive relief. Sitz was victorious in the Michigan lower courts.</p>

majority opinion

reversed/remanded

Criminal Procedure

Milkovich v. Lorain Journal Company

https://api.oyez.org/cases/1989/89-645

89-645

1989

Michael Milkovich

Lorain Journal Co., The News Herald, J. Theodore Diadiun

<p>Michael Milkovich, Maple Heights High School’s wrestling coach, testified at a hearing concerning a physical altercation at a recent wrestling meet. After the hearing, Theodore Diadiun published an article in the local newspaper saying that anyone at the wrestling meet “knows in their heart” that Milkovich lied at the hearing. Milkovich sued Diadiun and the paper for defamation, alleging that the article accused him of perjury, damaged his occupation, and constituted libel. The court ruled in favor of the paper, holding that Milkovich failed to show the article was published with actual malice. The Ohio Court of Appeals reversed and remanded.</p> <p>On remand, the trial court ruled in favor of the paper, holding that the article was a constitutionally-protected opinion. The Ohio Court of Appeals affirmed, but the Supreme Court of Ohio reversed and remanded, holding that Milkovich was not a public figure and the defamatory statements were factual assertions, not constitutionally-protected opinions.</p>

majority opinion

reversed/remanded

First Amendment

University of Pennsylvania v. Equal Employment Opportunity Commission

https://api.oyez.org/cases/1989/88-493

88-493

1989

University of Pennsylvania

Equal Employment Opportunity Commission

<p>Rosalie Tung was an Asian-American professor who believed that she was denied tenure because of her sex and her race. To investigate her claim, the Equal Employment Opportunity Commission asked the University for access to Tung's confidential peer review file. Citing the protection of academic freedom, the University refused to cooperate so as to avoid breaching the confidentiality promised to reviewers.</p>

majority opinion

affirmed

First Amendment

Cruzan by Cruzan v. Director, Missouri Department of Health

https://api.oyez.org/cases/1989/88-1503

88-1503

1989

Cruzan by Cruzan

Director, Missouri Department of Health

<p>In 1983, Nancy Beth Cruzan was involved in an automobile accident which left her in a "persistent vegetative state." She was sustained for several weeks by artificial feedings through an implanted gastronomy tube. When Cruzan's parents attempted to terminate the life-support system, state hospital officials refused to do so without court approval. The Missouri Supreme Court ruled in favor of the state's policy over Cruzan's right to refuse treatment.</p>

majority opinion

affirmed

Privacy

New York v. Harris

https://api.oyez.org/cases/1989/88-1000

88-1000

1989

New York

Bernard Harris

<p>On January 1, 1984, officers of the New York City Police Department found Thelma Staton murdered in her apartment. Various facts of the case linked Bernard Harris to the crime. On January 16, police officers responded to Harris’ house to take him into custody. Although the police had not obtained an arrest warrant, when they knocked on his door, Harris let them enter. The police officers read Harris his Miranda rights, and Harris admitted to committing the murder. The police officers arrested Harris and took him to the police station, where he was read his Miranda rights again and signed an inculpatory statement. The police then videotaped an incriminating interview between Harris and the district attorney, despite Harris' requests to cease the interrogation.</p> <p>The trial court suppressed Harris’ initial confession and video interview but allowed the signed statement into evidence. After a bench trial, Harris was convicted of second-degree murder. The Appellate Division affirmed the conviction. The Court of Appeals of New York reversed and found the signed statement inadmissible because it was the fruit of an illegal arrest. </p>

majority opinion

reversed

Criminal Procedure

Hodgson v. Minnesota

https://api.oyez.org/cases/1989/88-1125

88-1125

1989

Hodgson

Minnesota

<p>Under Section 2 of a Minnesota statute regulating a minor's access to abortion, women under 18 were denied access to the procedure until 48 hours after both their parents had been notified. Exceptions were made in the cases of medical emergencies and women who were victims of parental abuse. Section 6 of the law allowed the courts to judicially bypass Section 2 if the young woman could maturely demonstrate that notification would be unwise.</p>

majority opinion

affirmed

Privacy

James v. Illinois

https://api.oyez.org/cases/1989/88-6075

88-6075

1989

James

Illinois

<p>James was a youth arrested for the murder of another adolescent. During his trial a witness testifying on his behalf described James's appearance on the night of the supposed crime. This description contradicted statements which James had made to police officers the day after the crime. To expose this perjured testimony, prosecutors moved to introduce James's statements into the trial even though they were obtained illegally.</p>

majority opinion

reversed

Criminal Procedure

FMC Corporation v. Holliday

https://api.oyez.org/cases/1990/89-1048

89-1048

1990

FMC Corporation

Holliday

<p>FMC Corporation (FMC) provided its employees with a self-funded health benefit plan (Plan). The daughter of an FMC employee, Gerald Holliday (Holliday), was seriously injured in a car accident and the Plan paid for a portion of her medical expenses. Holliday also received, in settlement of a negligence action he brought on behalf of his daughter, payment from the driver of the automobile in which his daughter was injured. FMC sought reimbursement under the terms of the Plan. Holliday obtained a declaratory judgment that Section 1720 of the Pennsylvania Motor Vehicle Financial Responsibility Law - which precludes reimbursement from a claimant's tort recovery for benefit payments by a program, group contract, or other arrangement - prohibited FMC's exercise of subrogation rights. The Third Circuit affirmed, holding that the Employee Retirement Income Security Act (ERISA), which applies to employee welfare benefit plans such as FMC's Plan, did not preempt Section 1720.</p>

majority opinion

reversed/remanded

Federalism

Eastern Airlines, Inc. v. Floyd

https://api.oyez.org/cases/1990/89-1598

89-1598

1990

Eastern Airlines, Inc.

Rose Marie Floyd

<p>On May 5, 1983, an Eastern Airlines flight departed from Miami, bound for the Bahamas. After takeoff, one of the plane’s jet engines lost pressure. The flight crew shut down the failing engine and turned the plan around to return to Miami. The flight crew informed the passengers that the plane would be ditched in the Atlantic Ocean, but the crew managed to restart the engine and land the plane safely at Miami International Airport. A group of passengers, including Rose Marie Floyd, sued Eastern Airlines for mental distress caused by the incident. Eastern Airlines argued the engine failure and preparations for ditching the plane amounted to an accident under Article 17 of the Warsaw Convention and also that Article 17 requires physical injury a condition of liability. The district court concluded than mental distress alone is not enough to receive compensation under Article 17. The U.S. Court of Appeals for the Eleventh Circuit reversed and held the language in Article 17 encompasses purely emotional distress.</p>

majority opinion

reversed

Economic Activity

Irwin v. Department of Veterans Affairs

https://api.oyez.org/cases/1990/89-5867

89-5867

1990

Irwin

Department of Veterans Affairs

<p>Shirley Irwin filed a complaint with the Equal Employment Opportunity Commission (EEOC), alleging that he had been unlawfully fired by the federal Veterans Administration on the basis of his race and disability. In order to sue the federal government for unlawful discrimination, one must obtain a right-to-sue letter from the EEOC (which is a waiver of the government's sovereign immunity from private suits). The EEOC mailed right-to-sue letters to both Irwin and his attorney. His attorney was out of the country, however, so while the letter arrived at his office on March 23, the attorney did not receive it until April 10. Irwin receive his copy of the letter on April 7. Less than a month from when Irwin received the letter, but more than a month from when the letter arrived at his attorney's office, Irwin filed suit in federal District Court. The court dismissed the suit, however, because it was filed more than a month after the attorney's office received the letter. Under 42 U.S.C. 2000e-16(c), suits against the government must be filed within 30 days "of receipt of notice of final action taken" by the EEOC. The court ruled that the 30-day window began when the attorney's office received the letter. On appeal, Irwin argued that the window should have started when he or his attorney - not just the attorney's office - actually received the letter. The Fifth Circuit Court of Appeals rejected that argument, however, upholding the District Court's decision.</p>

majority opinion

affirmed

Judicial Power

California v. Hodari D.

https://api.oyez.org/cases/1990/89-1632

89-1632

1990

California

Hodari D.

<p>Two police officers dressed in street clothes and wearing jackets with the word “Police” on the front and back were on patrol in Oakland, California in an unmarked car. As they approached a group of youths near Foothill Blvd. and 63rd Ave., the youths panicked and ran. One of the officers left the car and ran after Hodari D. Hodari tossed away something that looked like a small rock just before the officer tackled him and handcuffed him. The officer retrieved the rock, which turned out to be crack cocaine.</p> <p>At trial, Hodari moved to suppress evidence relating to the cocaine, arguing that the officer obtained it during an unlawful search and seizure. The trial court denied the motion. The California Court of Appeal reversed, holding that Hodari was “seized” when he saw the officer running towards him and that seizure was unreasonable under the Fourth Amendment. The California Supreme Court denied the state’s application for review.</p>

majority opinion

reversed/remanded

Criminal Procedure

Harmelin v. Michigan

https://api.oyez.org/cases/1990/89-7272

89-7272

1990

Harmelin

Michigan

<p>Following his conviction under Michigan law for possession of over 650 grams of cocaine, Ronald Harmelin was sentenced to life in prison without possibility of parole. Harmelin challenged his sentence as cruel and unusual, claiming it was disproportionate to the crime he committed and was statutorily mandated without consideration for the fact that he had no prior felony convictions. On appeal from an affirmance by the Michigan Court of Appeals, the Supreme Court granted certiorari.</p>

majority opinion

affirmed

Criminal Procedure

Wilson v. Seiter

https://api.oyez.org/cases/1990/89-7376

89-7376

1990

Pearly L. Wilson

Richard Seiter et al.

<p>While detained at the Hocking Correctional Facility in Nelsonville, Ohio, Pearly Wilson claimed he experienced cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Wilson sought financial awards and an injunction against the prison under 42 U.S.C. 1983. He filed suit in a federal district court against two state prison officials, Richard P. Seiter and Carl Humphreys. The District Court ruled against Wilson, and the United States Court of Appeals for the Sixth Circuit affirmed. It held that Wilson had to show that the prison officials had a "culpable state of mind" when inflicting harm upon him.</p>

majority opinion

vacated/remanded

Criminal Procedure

Chisom v. Roemer

https://api.oyez.org/cases/1990/90-757

90-757

1990

Chisom

Roemer

<p>The Louisiana Supreme Court had 7 judges. The First Supreme Court District elected 2 judges, and the 5 other districts elected 1 judge each. The Orleans Parish was 1 of 4 parishes in the First Supreme Court District and the majority of its registered voters were black. However, more than 75% of the other 3 parishes' registered voters were white. Ronald Chisom and the other petitioners in this case, representing New Orleans's black majority, filed an action in the District Court against Louisiana's governor, Charles E. Roemer, and state officials, arguing that the state's justice election procedure weakened the minority's voting power, allegedly violating section 2 of the Voting Rights Act. The 1982 amendment to this act prohibited any voting procedure which caused minority voters to "have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." The District Court ruled against the petitioners. When the Court of Appeals evaluated the case, it sent the case back to the District Court with instructions to maintain the original ruling based partly on its claim that the 1982 amendment to section 2 of the Voting Rights Act did not apply to the election of judges. The District Court maintained their original opinion, but the petitioners and the United States appealed.</p>

majority opinion

reversed/remanded

Civil Rights

McNeil v. Wisconsin

https://api.oyez.org/cases/1990/90-5319

90-5319

1990

Paul McNeil

Wisconsin

<p>When arrested for armed robbery, Paul McNeil did not initially invoke his Miranda right to counsel provided by the Fifth Amendment. However, he had a public defender represent him at a pretrial hearing at a county court in Milwaukee, Wisconsin. After the hearing, sheriffs asked him about his involvement in a unrelated set of crimes, including murder. The sheriffs informed McNeil of his Miranda rights again, but he signed a waiver authorizing his testimony. His answers incriminated him for the crimes and he was charged in a state trial court. He unsuccessfully petitioned the court to invalidate his testimony as evidence. A jury convicted him and sentenced him to 60 years in prison. He contended that having the public defender represent him invoked his Miranda rights, which were later violated. The Wisconsin Supreme Court ruled against him.</p>

majority opinion

affirmed

Criminal Procedure

Board of Education of Oklahoma City Public Schools v. Dowell

https://api.oyez.org/cases/1990/89-1080

89-1080

1990

Board of Education of Oklahoma City Public Schools

Robert L. Dowell

<p>In 1972, a federal district court issued an injunction ordering the Board of Education of Oklahoma City to implement the "Finger Plan," which bused black students to white schools. In 1977, the district court withdrew its enforcement of the plan, declaring that the Board had complied with the plan and reached "unitary" racial composition. In 1984, the Board passed the Student Reassignment Plan (SRP), which lessened busing in an effort to reduce travel time for black students. The group that originally protested segregation sought to restore the court-ordered desegregation, claiming that the school system again became segregated. The district court declined, but on appeal the United States Court of Appeals for the Tenth Circuit ruled that the injunction was never formally removed. On reconsideration, the district court again declined to restore the injunction because it found the original "Finger Plan" unworkable. The Court of Appeals reversed.</p>

majority opinion

reversed/remanded

Civil Rights

Leathers v. Medlock

https://api.oyez.org/cases/1990/90-29

90-29

1990

Leathers

Medlock

<p>In 1987, Arkansas amended its Gross Receipts Act (GRA), imposing a tax on cable television but not on print media. Cable companies and others filed suit in the State Chancery Court, alleging that taxing cable services, but not print and satellite broadcast services, violated their First Amendment expressive rights and 14th Amendment equal protection rights. In 1989, after the Chancery Court upheld the amendment, Arkansas again amended the GRA, extending the tax to satellite broadcast services. On appeal, the State Supreme Court upheld the GRA. However, the court ruled that the First Amendment prohibits differential taxation among members of the same medium. Therefore, because cable and scrambled satellite television services are essentially the same, the tax was unconstitutional when it applied only to cable services.</p>

majority opinion

reversed in-part/remanded

First Amendment

United States v. Centennial Savings Bank FSB

https://api.oyez.org/cases/1990/89-1926

89-1926

1990

United States

Centennial Savings Bank FSB

<p>Centennial Savings Bank exchanged interests in one set of mortgage loans for another set of mortgage loans of the same market value. The mortgages were worth substantially less at the time they were exchanged than they had been at the time they were acquired, however, and Centennial reported the difference as lost income on its income tax return. In a separate set of transactions, Centennial collected early withdrawal penalties from customers who withdrew their certificates of deposit before they were scheduled. Centennial reported the early withdrawal penalties as "income from the discharge ... of indebtedness," meaning that it did not need to be reported as income under 26 U.S.C. 108(a)(1)(C).</p> <p>With regard to the exchanged mortgages, the IRS did not allow the deduction, ruling that the properties exchanged had not been "materially different" and that the exchange therefore did not actually produce a reportable loss. With regard to the withdrawal penalties, the IRS ruled that they had to be reported as income. Centennial took the issue to federal District Court, where a judge ruled for the IRS on the mortgage exchange issue but for Centennial on the withdrawal penalty one. The Fifth Circuit Court of Appeals reversed the mortgage exchange holding and upheld the withdrawal penalty holding, siding with Centennial on both issues.</p>

majority opinion

reversed in-part/remanded

Federal Taxation

California v. Acevedo

https://api.oyez.org/cases/1990/89-1690

89-1690

1990

California

Acevedo

<p>California police officers saw Charles Acevedo enter an apartment known to contain several packages of marijuana and leave a short time later carrying a paper bag approximately the same size as one of the packages. When Acevedo put the bag in the trunk of his car and began to drive away, the officers stopped the car, searched the bag, and found marijuana. At his trial, Acevedo made a motion to suppress the marijuana as evidence, since the police had not had a search warrant. When the trial court denied his motion, Acevedo pleaded guilty and appealed the denial of the motion. The California Court of Appeal reversed the trial court, ruling that the marijuana should have been suppressed as evidence. The Supreme Court had ruled previously that officers can thoroughly search an automobile if they have probable cause to believe there is evidence somewhere in the vehicle ( <em>U.S. v. Ross</em> ), and also that officers need a warrant to search a closed container ( <em>U.S. v. Chadwick</em> ). The California Court of Appeal decided that the latter case was more relevant. Since the officers only had probable cause to believe the bag contained evidence - not the car generally - they could not open the bag without a search warrant. The California Supreme Court denied review, but the Supreme Court granted the State's petition.</p>

majority opinion

reversed/remanded

Criminal Procedure

Grogan v. Garner

https://api.oyez.org/cases/1990/89-1149

89-1149

1990

Grogan

Garner

<p>Frank Garner was convicted of defrauding Coy Grogan and ordered to repay him. Garner then filed for Chapter 11 Bankruptcy, asking the Bankruptcy Court to discharge (that is, nullify) his court-ordered repayment to Grogan. Grogan argued that the debt should not be discharged because section 523(a) of the bankruptcy code exempts obligations for money obtained by "actual fraud." The Bankruptcy Court, based on portions of the fraud case, agreed and did not allow Garner to discharge the debt. The District Court affirmed, but the Eighth Circuit Court of Appeals reversed, finding that the standard of proof used in the original fraud case - the "preponderance of the evidence" standard - was lower than the standard of proof demanded under section 523(a) - a "clear and convincing evidence" standard. The Court found that most states used the "clear and convincing" standard in fraud cases and that Congress would have explicitly stated it if they used a different standard. Moreover, it argued that the intention of the bankruptcy code to provide a "fresh start" suggested that the standard most favorable to bankruptcy filers should be used (that is, the more demanding "clear and convincing" standard).</p>

majority opinion

reversed

Economic Activity

Exxon Corporation v. Central Gulf Lines, Inc.

https://api.oyez.org/cases/1990/90-34

90-34

1990

Exxon Corporation

Central Gulf Lines, Inc.

<p>For certain contract disputes within admiralty jurisdiction, an action <em>in rem</em> is authorized against the vessel herself, even when jurisdiction cannot be asserted over her owner or operator. To satisfy a judgment for the plaintiff, the court may order the vessel sold at public auction. Such an action is permitted those who go unpaid after furnishing a vessel with supplies essential for her continued voyaging. But maritime law long distinguished the contracts of middlemen, that is, agents or brokers procuring supplies for a vessel from other sources. Such intermediary contracts were considered ordinary agency agreements, and therefore outside admiralty jurisdiction. The Supreme Court embraced this distinction in <em>Minturn v. Minyard, </em> 58 U.S. (17 How.) 477 (1854).</p> <p>In this case, EXXON sued a cargo ship, the <em>William Hopper, in rem</em> and her owner, Central Gulf Lines, <em>in personam</em> for the price of fuel delivered to the ship in the ports of New York and Jeddah. Exxon had a contract with Waterman Steamship Company to supply fuel for its fleet anywhere in the world. Sometimes EXXON furnished its own fuels; otherwise, EXXON procured fuels from other sellers. Among the vessels operated by Waterman was the <em>William Hopper</em>, leased from Central Gulf Lines. When she visited New York, Exxon supplied her with its own fuel. When she visited Jeddah, EXXON got her fuel from Arabian Marine Operating Company. EXXON paid Arabian Marine, but Waterman went bankrupt before paying EXXON. In the bankruptcy proceedings, Central Gulf agreed to pay EXXON if a court found the <em>William Hooper</em> liable <em>in rem</em>. Invoking <em>Minturn</em> and its progeny, the Southern District of New York agreed with Central Gulf Lines that Exxon's claim for the fuel procured in Jeddah was one of agency, and therefore outside admiralty jurisdiction. On appeal, the U.S. Court of Appeals for the Second Circuit affirmed without opinion.</p>

majority opinion

reversed/remanded

Judicial Power

Touby v. United States

https://api.oyez.org/cases/1990/90-6282

90-6282

1990

Daniel Touby, et ux.

United States

<p>In 1970, Congress enacted the Controlled Substances Act, which established five categories, or “schedules,” of substances for the purposes of regulation and prosecution. The Act grants the Attorney General the authority to add or remove substances and to move substances among the schedules. The Act also lays out specific procedures in order for the Attorney General to exercise this authority. Because the procedures lengthened the process of making any changes to the enforcement of the Act, drug manufacturers were able to develop products that took advantage of unforeseen loopholes in the Act. In 1984, Congress amended the Act to allow the Attorney General to temporarily schedule drugs, which expedited the enforcement process. The Attorney General then delegated these temporary scheduling powers to the Drug Enforcement Agency (DEA), which temporarily scheduled the designer drug “Euphoria” as a Schedule I substance.</p> <p>During this time, the DEA executed a valid search warrant on the home of Daniel and Lyrissa Touby, where they found a fully operational Euphoria laboratory. The Toubys were indicted for manufacturing and conspiring to manufacture Euphoria. They moved for dismissal by arguing that the Controlled Substances Act unconstitutionally delegates legislative power to the Attorney General and the Attorney General improperly delegated authority to the DEA. The district court denied the motion, and the Toubys were convicted. The U.S. Court of Appeals for the Third Circuit affirmed the convictions.</p> <p> </p>

majority opinion

affirmed

Criminal Procedure

Florida v. Bostick

https://api.oyez.org/cases/1990/89-1717

89-1717

1990

Florida

Bostick

<p>In Broward County, Florida, Sheriff's Department officers regularly boarded buses during stops to ask passenger for permission to search their luggage. Terrance Bostick, a passenger, was questioned by two officers who sought permission to search his belongings and advised him of his right to refuse. After obtaining Bostick's permission, the officers searched his bags, found cocaine, and arrested him on drug trafficking charges. Bostick filed a motion to suppress the evidence on the ground that it was illegally obtained, but the trial court denied the motion. Following an affirmance and certification from the Florida Court of Appeals, the State Supreme Court held that the bus searches were per se unconstitutional because police did not afford passengers the opportunity to "leave the bus" in order to avoid questioning. Florida appealed and the Supreme Court granted certiorari.</p>

majority opinion

reversed/remanded

Criminal Procedure

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW

https://api.oyez.org/cases/1990/89-1215

89-1215

1990

Automobile Workers

Johnson Controls, Inc.

<p>Johnson Controls, Inc. ("Johnson") manufactures batteries whose assembly process entails exposure to high levels of lead. After discovering that eight of its female employees became pregnant while maintaining blood lead levels in excess of those thought safe by the Occupational Safety and Health Administration (OSHA), Johnson barred all its female employees - except those with medically documented infertility - from engaging in tasks that require exposure to lead in access of recommended OSHA levels. Following its passage, the United Automobile Workers (UAW) challenged Johnson's fetal-protection policy as sexually discriminatory in violation of Title VII of the 1964 Civil Rights Act (Act). When the Appellate Court affirmed a district court decision in favor of Johnson, the UAW appealed and the Supreme Court granted certiorari.</p>

majority opinion

reversed/remanded

Civil Rights

Gregory v. Ashcroft

https://api.oyez.org/cases/1990/90-50

90-50

1990

Gregory

Ashcroft

<p>Under Article V, Section 26, of Missouri's Constitution, state court judges must retire at the age of seventy. The two petitioners in this case, both of whom were Missouri state judges, challenged the state constitution's retirement requirement on legislative and constitutional grounds.</p>

majority opinion

affirmed

Civil Rights

Florida v. Jimeno

https://api.oyez.org/cases/1990/90-622

90-622

1990

Florida

Jimeno

<p>A Dade County police officer overheard Enio Jimeno arranging what appeared to be a drug transaction over a public telephone. He followed in his car, and eventually pulled Jimeno over for a traffic violation. He told him he had reason to believe Jimeno had drugs in the car, and asked for permission to search it. Jimeno consented, and a search revealed a brown paper bag with cocaine inside it. At trial, Jimeno argued that his consent to the search of the car did not extend to the closed paper bag within the car. The trial court agreed, excluded the drugs found inside the bag as the product of an unconstitutional search under the Fourth Amendment. The Florida District Court of Appeal and the Florida Supreme Court both affirmed.</p>

majority opinion

reversed/remanded

Criminal Procedure

Rust v. Sullivan

https://api.oyez.org/cases/1990/89-1391

89-1391

1990

Rust

Sullivan

<p>The national government provides funds for family planning services (Title X). The Department of Health and Human Services issued regulations limiting the ability of Title X fund recipients to engage in abortion-related activities. Title X funds were to be used only to support preventive family planning services.</p>

majority opinion

affirmed

Privacy

Minnick v. Mississippi

https://api.oyez.org/cases/1990/89-6332

89-6332

1990

Robert S. Minnick

Mississippi

<p>Robert S. Minnick and James Dyess escaped from the Clark County Jail. The next day, they broke into a mobile home to search for weapons. While in the home, the owner returned with a friend and the friend’s infant son. Minnick and Dyess shot and killed the two adults and tied up two young women who arrived later. Minnick and Dyess fled to Mexico, but after a falling out, Minnick went to California alone where police arrested him on a warrant for the Mississippi murders.</p> <p>After the arrest, two FBI officers came to interview Minnick at the San Diego Jail. Minnick refused, asking the officers to “Come back Monday when I have a lawyer.” Minnick did meet with an appointed lawyer on two or three occasions. The next Monday, the deputy sheriff of Clark County came to question Minnick. Prison officials told Minnick he “could not refuse” to speak to the sheriff. The deputy sheriff advised Minnick of his rights and Minnick refused to sign a waiver form. Minnick then confessed to one of the murders, saying that Dyess forced him to shoot. At trial, Minnick moved to suppress those statements, but the court denied the motion, reasoning that <i>Edwards v Arizona</i> only required counsel to be made available to an accused. Minnick argued that he was entitled to have counsel present at all questioning. The jury found Minnick guilty of capital murder and sentenced him to death. The Supreme Court of Mississippi affirmed, holding that Minnick’s Fifth Amendment right to counsel was satisfied because he had met with counsel.</p>

majority opinion

reversed/remanded

Criminal Procedure

Payne v. Tennessee

https://api.oyez.org/cases/1990/90-5721

90-5721

1990

Pervis Tyrone Payne

Tennessee

<p>A Tennessee court tried Pervis Payne for murdering Charisse Christopher and her daughter Lacie. In hopes of avoiding the death penalty, Payne provided four witnesses testifying to his good character. The prosecution had Charisse's mother share how Charisse's death had impacted her surviving son Nicholas. In closing arguments, the prosecutor referenced Nicholas' loss of his mother when calling for the death penalty. The jury convicted him and sentenced him to death. Payne argued that the prosecution could not use testimony of how the victim's death impacted family members when contending for the death penalty. The Tennessee Supreme Court ruled against him.</p>

majority opinion

affirmed

Criminal Procedure

Cohen v. Cowles Media Company

https://api.oyez.org/cases/1990/90-634

90-634

1990

Cohen

Cowles Media Company

<p>Cohen was a campaign associate in the 1982 Minnesota gubernatorial race. He gave court records concerning another party's candidate for lieutenant governor to the St. Paul Pioneer Press and the Minneapolis Star and Tribune. Though he had received a promise of confidentiality from the reporters, the papers identified Cohen in their stories. He was fired as a result. Cohen sued the papers in state court, alleging a breach of contract. At trial, Cohen won compensatory damages and the state appellate court upheld the award. But the Minnesota Supreme Court reversed, ruling that Cohen's claim relied on state "promissory estoppel" law, a law that essentially prevented a promisor from breaking a promise. The court ruled that the First Amendment's free press guarantee prevented promissory estoppel from applying to the newspapers.</p>

majority opinion

reversed/remanded

First Amendment

Feist Publications, Inc. v. Rural Telephone Service Company, Inc.

https://api.oyez.org/cases/1990/89-1909

89-1909

1990

Feist Publications, Inc.

Rural Telephone Service Company, Inc.

<p>Rural Telephone Service Company, Inc. is a public utility that provides telephone service to several communities in northwest Kansas. Rural also publishes a telephone directory that consists of white and yellow pages. Feist Publications, Inc. is a publishing company that specializes in area-wide telephone directories that cover a much larger geographic range than Rural's directories. When Rural refused to license its white pages listings to Feist, Feist extracted the listings it needed from Rural's directory without consent. Although Feist altered many of Rural's listings, several were identical to listings in Rural's white pages. The District Court granted summary judgment to Rural in its copyright infringement suit, holding that telephone directories are copyrightable. The Court of Appeals affirmed.</p>

majority opinion

reversed

Economic Activity

Virginia Bankshares, Inc. v. Sandberg

https://api.oyez.org/cases/1990/89-1448

89-1448

1990

Virginia Bankshares, Inc.

Sandberg

<p>First American Bankshares, Inc. (FABI) began a "freeze-out" merger in which the First American Bank of Virginia (Bank) merged into Virginia Bankshares, Inc. (VBI), a wholly owned subsidiary of FABI. VBI already owned 85% of the Bank's shares, and would acquire the remaining 15% from the Bank's minority shareholders. The Bank's executive committee and full board approved the merger at $42 a share. The directors then solicited proxies for voting on the proposed merger at the next annual meeting. In their solicitation, the directors stated that they approved the plan because the price allowed the minority shareholders to achieve a "high" value for their stock. Sandberg did not give her approval of the merger and brought suit, the federal ground for which was soliciting proxies in violation of SEC Rule 14a-9, which prohibits the solicitation of proxies by means of materially false or misleading statements. The trial court instructed the jury that it could find for Sandberg as long as the proxy solicitation involved material misstatements, and the proxy solicitation was an "essential link" in the merger process. The jury found for Sandberg, awarding her $18 a share, finding that she would have received that much more if the stock had been valued adequately.</p>

majority opinion

reversed

Economic Activity

Freytag v. Commissioner

https://api.oyez.org/cases/1990/90-762

90-762

1990

Freytag

Commissioner

<p>Under 26 U.S.C. 7443A(b), the Chief Judge of the United States Tax Court (an Article I Court established by Congress) may appoint special trial judges to certain specified proceedings explicitly laid out in the statute, in which the special trial judges may issue decisions. He may also appoint them to "any other proceeding which the chief judge may designate," but in those unspecified cases the special trial judge may not issue a final decision, only draft an opinion which must be reviewed by a regular judge of the Tax Court.</p> <p>Freytag and several other defendants were charged with using a tax shelter to avoid paying roughly $1.5 billion in taxes. They consented to have their case heard by a special trial judge. The trial judge eventually drafted an opinion unfavorable to their position, which was reviewed and adopted by the Chief Judge. They then appealed the case, arguing that their case was too complex to assign to a special trial judge under section 7443A. Congress's decision to allow the Chief Judge to make such an assignment, they argued, violated the Appointments Clause of the Constitution (Article II Section 2), which provides that Congress may "vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Freytag asserted that the "Courts of Law" referred to there were only Article III courts (Federal District Courts, Circuit Courts of Appeals, and the Supreme Court, all of which have judges with lifetime tenure), and that the Chief Judge was part of an Article I court, meaning that Congress could not assign him the power of appointment. The Fifth Circuit Court of Appeals rejected that argument, affirming the Tax Court's decisions.</p>

majority opinion

affirmed

Miscellaneous