Stefanelli et al. v. Minard et al. (342 U.S. 117)
U.S. Supreme Court · decided December 3, 1951 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 117 · 72 S. Ct. 118
- Docket
- No. 2
- Argued
- October 16, 1951
- Decided
- December 3, 1951
- Term
- October Term 1951
- Vote
- 7–1
- Majority author
- Justice Frankfurter
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter (wrote), Justice Reed
- Concurring in the judgment
- Justice Clark, Justice Black
- Dissenting
- Justice Douglas (wrote)
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. Petitioners asked equitable relief from the Federal District Court to prevent the fruit of an unlawful search by New Jersey police from being used in evidence in a State criminal trial. The suit was brought under R. S. § 1979, 8 U. S. C. § 43, providing for redress against “Every person who, under color of any statute, ordinance, regulation, custom, or usage,, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws . . . .” Upon respondents’ motion, the District Court dismissed the complaints, “it appearing' that the plaintiffs have not - exhausted their remedies under state law.” The Court of Appeals affirmed. 184 F. 2d 575. Since it raises important questions touching the Civil Rights Act in the context of our federal system we brought the case here. 341 U. S. 930. Two suits, arising out of separate series of events, were consolidated in the Court of Appeals and are before us as one case. The facts do not differ materially. Newark police officers entered petitioners’ homes without legal. authority. There they seized property of petitioners useful in bookmaking, a misdemeanor under N. J. Rev. Stat. 2:135-3. It is not disputed that…
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