Supreme Court Opinions

Anthony Kennedy, Byron White, Criminal Procedure, David Souter, Majority, William Rehnquist

County of Riverside v. McLaughlin

Anthony Kennedy, Byron White, Criminal Procedure, David Souter, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In Gerstein v. Pugh, 420 U. S. 103 (1975), this Court held that the Fourth Amendment requires a prompt judicial determination of probable cause as a prerequisite to an extended pretrial detention following a warrantless arrest. This case requires us to define what is “prompt” under Gerstein.

I

This is a class action brought under 42 U.S.C. § 1983 challenging the manner in which the County of Riverside, California (County), provides probable cause determinations to persons arrested without a warrant. At issue is the County’s policy of combining probable cause determinations with its arraignment procedures. Under County policy, which tracks closely the provisions of Cal.Penal Code Ann. § 825 (West 1985), arraignments must be conducted without unnecessary delay and, in any event, within two days of arrest. This two-day requirement excludes from computation weekends and holidays. Thus, an individual arrested without a warrant late in the week may, in some cases, be held for as long as five days before receiving a probable cause determination. Over the Thanksgiving holiday, a 7-day delay is possible.

The parties dispute whether the combined probable cause/arraignment procedure is available to all warrantless arrestees. Testimony by Riverside County District Attorney Grover Trask suggests that individuals arrested without warrants for felonies do not receive a probable cause determination until the preliminary hearing, which

Antonin Scalia, Civil Rights, Concurrence

Hernandez v. New York

Antonin Scalia, Civil Rights, Concurrence / By

JUSTICE O’CONNOR, with whom JUSTICE SCALIA joins, concurring in the judgment.

I agree with the plurality that we review for clear error the trial court’s finding as to discriminatory intent, and agree with its analysis of this issue. I agree also that the finding of no discriminatory intent was not clearly erroneous in this case. I write separately because I believe that the plurality opinion goes farther than it needs to in assessing the constitutionality of the prosecutor’s asserted justification for his peremptory strikes.

Upon resolution of the factfinding questions, this case is straightforward. Hernandez asserts an equal protection violation under the rule of Batson v. Kentucky, 476 U. S. 79 (1986). In order to demonstrate such a violation, Hernandez must prove that the prosecutor intentionally discriminated against Hispanic jurors on the basis of their race. The trial court found that the prosecutor did not have such intent, and that determination is not clearly erroneous. Hernandez has failed to meet his burden.

An unwavering line of cases from this Court holds that a violation of the Equal Protection Clause requires state action motivated by discriminatory intent; the disproportionate effects of state action are not sufficient to establish such a violation. In Washington v. Davis, 426 U. S. 229, 426 U. S. 239 (1976), we explained that

our cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminato

Dissent, Privacy

Rust v. Sullivan

Dissent, Privacy / By

JUSTICE O’CONNOR, dissenting.

[W]here an otherwise acceptable construction of a statute would raise serious constitutional problems, the Court will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of Congress.

Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades Council, 485 U. S. 568, 485 U. S. 575 (1988). JUSTICE BLACKMUN has explained well why this longstanding canon of statutory construction applies in this case, and I join 500 U. S. 500 U. S. which constitute the Secretary’s interpretation of § 1008 of the Public Health Service Act, 84 Stat. 1508, 42 U.S.C. § 300a-6, “raise serious constitutional problems”: the regulations place content-based restrictions on the speech of Title X fund recipients, restrictions directed precisely at speech concerning one of “the most divisive and contentious issues that our Nation has faced in recent years.” Ante at 500 U. S. 215.

One may well conclude, as JUSTICE BLACKMUN does in 500 U. S. that the regulations are unconstitutional for this reason. I do not join Part II of the dissent, however, for the same reason that I do not join 500 U. S. in which JUSTICE BLACKMUN concludes that the regulations are unconstitutional under the Fifth Amendment. The canon of construction that JUSTICE BLACKMUN correctly applies here is grounded in large part upon our time-honored practice of not reaching constitutional questions unnecessarily. See DeBartolo, supra, at 485 U.

Concurrence, Criminal Procedure

Mu’Min v. Virginia

Concurrence, Criminal Procedure / By

JUSTICE O’CONNOR, concurring.

No one doubts that Dawud Majid Mu’Min’s brutal murder of Gladys Nopwasky attracted extensive media coverage. For days on end, the case made headlines because it involved a macabre act of senseless violence and because it added fuel to an already heated political controversy about the wisdom of inmate work-release programs. But the question we decide today is not whether the jurors who ultimately convicted Mu’Min had previously read or heard anything about the case; everyone agrees that eight of them had. Nor is the question whether jurors who read that Mu’Min had confessed to the murder should have been disqualified as a matter of law. See post at 500 U. S. 441 -442, 500 U. S. 444. This claim is squarely foreclosed by Patton v. Yount, 467 U. S. 1025 (1984), where we upheld a trial court’s decision to seat jurors who had read about the case notwithstanding that the defendant’s written confessions, which were not admissible at trial, were widely reported in the press. See id. 467 U.S. at 467 U. S. 1029 ; id. at 467 U. S. 1047 (STEVENS, J., dissenting). The only question before us is whether the trial court erred by crediting the assurances of eight jurors that they could put aside what they had read or heard and render a fair verdict based on the evidence.

The dissent insists that the trial judge could not have assessed realistically the jurors’ credibility without first identifying the information to which each individual juror had been exposed.

Antonin Scalia, Civil Rights, Dissent, William Rehnquist

Edmonson v. Leesville Concrete Co. Inc

Antonin Scalia, Civil Rights, Dissent, William Rehnquist / By

JUSTICE O’CONNOR, with whom THE CHIEF JUSTICE and JUSTICE SCALIA join, dissenting.

The Court concludes that the action of a private attorney exercising a peremptory challenge is attributable to the government, and therefore may compose a constitutional violation. This conclusion is based on little more than that the challenge occurs in the course of a trial. Not everything that happens in a courtroom is state action. A trial, particularly a civil trial, is, by design, largely a stage on which private parties may act; it is a forum through which they can resolve their disputes in a peaceful and ordered manner. The government erects the platform; it does not thereby become responsible for all that occurs upon it. As much as we would like to eliminate completely from the courtroom the specter of racial discrimination, the Constitution does not sweep that broadly. Because I believe that a peremptory strike by a private litigant is fundamentally a matter of private choice, and not state action, I dissent.

I

In order to establish a constitutional violation, Edmonson must first demonstrate that Leesville’s use of a peremptory challenge can fairly be attributed to the government. Unfortunately, our cases deciding when private action might be deemed that of the state have not been a model of consistency. Perhaps this is because the state action determination is so closely tied to the “framework of the peculiar facts or circumstances present.” See Burton v. Wilmington Parking Authority,

Anthony Kennedy, Antonin Scalia, Byron White, David Souter, Harry Blackmun, John Paul Stevens, Judicial Power, Majority, Thurgood Marshall, William Rehnquist

Melkonyan v. Sullivan

Anthony Kennedy, Antonin Scalia, Byron White, David Souter, Harry Blackmun, John Paul Stevens, Judicial Power, Majority, Thurgood Marshall, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

A party that prevails against the United States in a civil action is entitled, in certain circumstances, to an award of attorney’s fees, court costs, and other expenses. Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Among other requirements, the prevailing party must submit to the court an application for fees and expenses “within thirty days of final judgment in the action.” § 2412(d)(1)(B). This case requires us to decide whether an administrative decision rendered following a remand from the District Court is a “final judgment” within the meaning of EAJA.

I

In May, 1982, petitioner Zakhar Melkonyan filed an application for disability benefits under the Supplemental Security Income (SSI) program established by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. Following a hearing, an Administrative Law Judge (ALJ) concluded that petitioner was not disabled within the meaning of the Act. The Appeals Council denied review of the ALJ’s decision. In June, 1984, petitioner timely filed a complaint in the United States District Court for the Central District of California seeking judicial review pursuant to 42 U.S.C. § 1383(c)(3), which incorporates the review provisions of 42 U.S.C. § 405(g).

On May 30, 1984, shortly before filing the complaint, petitioner filed a second application for SSI disability benefits accompanied by new evidence of disability. In August, 1984, petitioner’s second application was

Anthony Kennedy, Dissent, Economic Activity

Lampf Pleva Lipkind. v. Gilbertson

Anthony Kennedy, Dissent, Economic Activity / By

JUSTICE O’CONNOR, with whom JUSTICE KENNEDY joins, dissenting.

I agree that predictability and judicial economy counsel the adoption of a uniform federal statute of limitations for actions brought under § 10(b) and Rule 10b-5. For the reasons stated by JUSTICE KENNEDY, however, I believe we should adopt the “1 year from discovery rule,” but not the 3-year period of repose. I write separately only to express my disagreement with the Court’s decision in 501 U. S. In holding that respondent’s suit is time-barred under a limitations period that did not exist before today, the Court departs drastically from our established practice and inflicts an injustice on the respondents. The Court declines to explain its unprecedented decision, or even to acknowledge its unusual character.

Respondents, plaintiffs below, filed this action in Federal District Court in 1986. Everyone agrees that, at that time, their claims were governed by the state statute of limitations for the most analogous state cause of action. This was mandated by a solid wall of binding Ninth Circuit authority dating back more than 30 years. [ Footnote 3/1 ] See ante at 501 U. S. 353. The case proceeded in the District Court and the Court of Appeals for almost four years. During that time, the law never changed; the governing limitations period remained the analogous state statute of limitations. [ Footnote 3/2 ] Notwithstanding respondents’ entirely proper reliance on this limitations period, the Court now holds that

Anthony Kennedy, Antonin Scalia, Criminal Procedure, Dissent, William Rehnquist

Jacobson v. United States

Anthony Kennedy, Antonin Scalia, Criminal Procedure, Dissent, William Rehnquist / By

JUSTICE O’CONNOR, with whom THE CHIEF JUSTICE and JUSTICE KENNEDY join, and with whom JUSTICE SCALIA joins except as to Part II, dissenting.

Keith Jacobson was offered only two opportunities to buy child pornography through the mail. Both times, he ordered. Both times, he asked for opportunities to buy more. He needed no Government agent to coax, threaten, or persuade him; no one played on his sympathies, friendship, or suggested that his committing the crime would further a greater good. In fact, no Government agent even contacted him face to face. The Government contends that from the enthusiasm with which Mr. Jacobson responded to the chance to commit a crime, a reasonable jury could permissibly infer beyond a reasonable doubt that he was predisposed to commit the crime. I agree. Cf. United States v. Hunt, 749 F.2d 1078, 1085 (CA4 1984) (ready response to solicitation shows predisposition), cert. denied, 472 U. S. 1018 (1985); United States v. Kaminski, 703 F.2d 1004, 1008 (CA7 1983) (” ‘the most important factor… is whether the defendant evidenced reluctance to engage in criminal activity which was overcome by repeated Government inducement”’) (quoting United States v. Reynoso-Ulloa, 548 F.2d 1329, 1336 (CA9 1977), cert. denied, 436 U. S. 926 (1978)); United States v. Sherman, 200 F.2d 880, 882 (CA2 1952) (indication of pre disposition is a defendant’s willingness to commit the offense “‘as evinced by ready complaisance'” (citation omitted)).

The first time the Government

Attorneys, Concurrence

Farrar v. Hobby

Attorneys, Concurrence / By

JUSTICE O’CONNOR, concurring.

If ever there was a plaintiff who deserved no attorney’s fees at all, that plaintiff is Joseph Farrar. He filed a lawsuit demanding 17 million dollars from six defendants. After 10 years of litigation and two trips to the Court of Appeals, he got one dollar from one defendant. As the Court holds today, that is simply not the type of victory that merits an award of attorney’s fees. Accordingly, I join the Court’s opinion and concur in its judgment. I write separately only to explain more fully why, in my view, it is appropriate to deny fees in this case.

I

Congress has authorized the federal courts to award “a reasonable attorney’s fee” in certain civil rights cases, but only to “the prevailing party.” 42 U. s. C. § 1988; Texas State Teachers Assn. v. Garland Independent School Dist., 489 U. S. 782, 789 (1989). To become a prevailing party, a plaintiff must obtain, at an absolute minimum, “actual relief on the merits of [the] claim,” ante, at 111, which “affects the behavior of the defendant towards the plaintiff,” Hewitt v. Helms, 482 U. S. 755, 761 (1987) (emphasis omitted); accord, ante, at 111-112 (relief obtained must “alte[r] the legal relationship between the parties” and “modif[y] the defendant’s behavior in a way that directly benefits the plaintiff”). Joseph Farrar met that minimum condition for prevailing party status. Through this lawsuit, he obtained an enforceable judgment for one dollar in nominal damages. One dollar is not exactly

Civil Rights, Dissent, Harry Blackmun

Bray v. Alexandria Women’s Health Clinic

Civil Rights, Dissent, Harry Blackmun / By

JUSTICE O’CONNOR, with whom JUSTICE BLACKMUN joins, dissenting.

Petitioners act in organized groups to overwhelm local police forces and physically blockade the entrances to respondents’ clinics with the purpose of preventing women from exercising their legal rights. Title 42 U. S. C. § 1985(3) provides a federal remedy against private conspiracies aimed at depriving any person or class of persons of the “equal protection of the laws,” or of “equal privileges and immunities under the laws.” In my view, respondents’ injuries and petitioners’ activities fall squarely within the ambit of this statute.

I

The Reconstruction Congress enacted the Civil Rights Act of 1871, also known as the Ku Klux Act (Act), 17 Stat. 13, to combat the chaos that paralyzed the post-War South. Wil son v. Garcia, 471 U. S. 261, 276-279 (1985); Briscoe v. LaHue, 460 U. S. 325, 336-339 (1983). Section 2 of the Act extended the protection of federal courts to those who effectively were prevented from exercising their civil rights by the threat of mob violence. Although the immediate purpose of § 1985(3) was to combat animosity against blacks and their supporters, Carpenters v. Scott, 463 U. S. 825, 836 (1983), the language of the Act, like that of many Reconstruction statutes, is more expansive than the historical circumstances that inspired it. The civil-remedy component of § 2, codified at 42 U. S. C. § 1985(3), speaks in general terms, and provides a federal cause of action to any person injured or