Bennie Jackson v. City of Vicksburg, Mississippi

Fifth Circuit

Bennie Jackson v. City of Vicksburg, Mississippi

361 F.2d 473, 1966 U.S. App. LEXIS 6141

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 16, 1966

Docket22618_1

StatusPublished

This text of 361 F.2d 473 (Bennie Jackson v. City of Vicksburg, Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bennie Jackson v. City of Vicksburg, Mississippi, 361 F.2d 473, 1966 U.S. App. LEXIS 6141 (5th Cir. 1966).

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Opinion

PER CURIAM:

Appellants, defendants in Mississippi State criminal prosecutions, removed their cases to the United States District Court under 28 U.S.C.A. § 1443(1). The cases were remanded without evidentiary hearings. The removal petitions were sufficient under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F.2d 336, cert. granted, 382 U.S. 808, 86 S.Ct. 39, 15 L.Ed.2d 58. The alleged denials of equal civil rights in the arresting and charging process set out in these removal petitions are no less than the allegations found adequate in Rachel, and in Peacock v. City of Greenwood, 5 Cir., 1965, 347 F.2d 679; cert. granted, 382 U.S. 971, 86 S.Ct. 532, 15 L.Ed.2d 464. It is incumbent upon the District Court, issue having been joined by answers denying the allegations, to ascertain the truth of the allegations through evidentiary hearings. Peacock, supra; McGee v. City of Meridian, 5 Cir., 1966, 359 F.2d 846; Smith v. City of Drew, 5 Cir., 1966, 360 F.2d 283.

Appellee’s contention under 28 U.S.C.A. § 1446(c) that the removals were untimely is precluded by our opinion in Calhoun v. City of Meridian, 5 Cir., 1966, 355 F.2d 209.

The Rachel and Peacock cases are pending on certiorari in the Supreme Court, and the District Court is directed to stay its hand in these matters until decisions are rendered in those cases. This -Will afford the District Court such enlightenment as may be forthcoming from those decisions in the further handling of these matters.

Reversed and remanded with' directions.

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PER CURIAM:

Appellants, defendants in Mississippi State criminal prosecutions, removed their cases to the United States District Court under 28 U.S.C.A. § 1443(1). The cases were remanded without evidentiary hearings. The removal petitions were sufficient under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F.2d 336, cert. granted, 382 U.S. 808, 86 S.Ct. 39, 15 L.Ed.2d 58. The alleged denials of equal civil rights in the arresting and charging process set out in these removal petitions are no less than the allegations found adequate in Rachel, and in Peacock v. City of Greenwood, 5 Cir., 1965, 347 F.2d 679; cert. granted, 382 U.S. 971, 86 S.Ct. 532, 15 L.Ed.2d 464. It is incumbent upon the District Court, issue having been joined by answers denying the allegations, to ascertain the truth of the allegations through evidentiary hearings. Peacock, supra; McGee v. City of Meridian, 5 Cir., 1966, 359 F.2d 846; Smith v. City of Drew, 5 Cir., 1966, 360 F.2d 283.

Appellee’s contention under 28 U.S.C.A. § 1446(c) that the removals were untimely is precluded by our opinion in Calhoun v. City of Meridian, 5 Cir., 1966, 355 F.2d 209.

The Rachel and Peacock cases are pending on certiorari in the Supreme Court, and the District Court is directed to stay its hand in these matters until decisions are rendered in those cases. This -Will afford the District Court such enlightenment as may be forthcoming from those decisions in the further handling of these matters.

Reversed and remanded with' directions.

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361 F.2d 473, 1966 U.S. App. LEXIS 6141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennie-jackson-v-city-of-vicksburg-mississippi-ca5-1966.

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