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CONGRESS OF RACIAL EQUALITY v. CLEMMONS

No. 19703.

323 F.2d 54 (1963)

CONGRESS OF RACIAL EQUALITY, John Doe and Mary Doe, Appellants, v. Bryan CLEMMONS, Wingate White and John Christian, the latter in his official capacity as Mayor-President of the City of Baton Rouge, Louisiana, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 18, 1963.

Attorney(s) appearing for the Case

Robert F. Collins, New Orleans, La., Carl Rachlin, New York City, Stephen C. Vladeck, New York City, Lolis Elie, Nils Douglas, New Orleans, La., Sheldon Engelhard, Charles R. Oldham, St. Louis, Mo., of counsel, for appellants.

R. Gordon Kean, Jr., John V. Parker, John F. Ward, Jr., Baton Rouge, La., Sargent Pitcher, Dist. Atty., for appellees.

Before TUTTLE, Chief Judge, and WISDOM and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

This case presents new twists in civil rights litigation. The thrust of the holding below is that the State action here was action of the Congress of Racial Equality and Negro demonstrators. The State invokes the Fourteenth Amendment against private individuals, although the Fourteenth Amendment establishes constitutional rights in favor of private individuals and against the State. Moreover, this unusual federal action is in an area that is...

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