United States v. Blanchard McLeod United States of America v. Dallas County

385 F.2d 734, 1967 U.S. App. LEXIS 4859
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 16, 1967
Docket31475, 21477
StatusPublished
Cited by195 cases

This text of 385 F.2d 734 (United States v. Blanchard McLeod United States of America v. Dallas County) 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.

Bluebook
United States v. Blanchard McLeod United States of America v. Dallas County, 385 F.2d 734, 1967 U.S. App. LEXIS 4859 (5th Cir. 1967).

Opinions

WISDOM, Circuit Judge:

These cases are the product of the racial unrest in 1963 in Dallas County, Alabama, of which Selma is the county seat. “Yet Selma was different from the usual clash between police in the South and protesting groups of Negroes and civil rights workers. For out of Selma grew the Voting Rights of 1965.” 1 The Dallas County Voters League was organized to encourage local Negroes to register and vote. Early in 1963, at the request of the Voters League, the Student Nonviolent Coordinating Committee sent volunteers to Selma to aid in the registration drive. One of the main projects of the Voters League was the sponsorship of voting clinics. To publicize these clinics, the Voters League began in May 19.63 to sponsor mass meetings at local Negro churches. The League distributed literature urging Dallas County Negroes to register to vote and kept records of the successful and unsuccessful applicants.

By special arrangement Sheriff James G. Clark was in charge of the Selma police with regard to racial matters. Sheriff Clark stationed officers — deputy sheriffs, members of the sheriff’s posse, and local police — in and around the various mass meetings. These officers made notes during the meetings, took down the license numbers of cars in the area, and spoke with each other and with the sheriff’s office by portable two-way radio.

June 17, 1963, Bosie Reese, a young local volunteer worker, went to the Dallas County Courthouse to interview some of the people waiting in the registration line. He testified that his purpose was to obtain names and addresses for the records kept by the Voters League.2 Sheriff Clark testified that Reese was “molesting” the registration line and that he told the young Negro to leave the Courthouse. The evidence is in conflict whether Reese did in fact leave the [738]*738Courthouse; but some time later, in the Courthouse, Sheriff Clark arrested him 'Lfór disobeying his order to leave. County officials changed the charge to disturbing the peace and resisting arrest. Reese was tried and convicted of the two offenses. The trial judge, a defendant in this case,3 sentenced him to pay a fine of two hundred dollars plus costs.

The day after Reese was arrested, Sheriff Clark swore out a warrant for the arrest of Bernard Lafayette, a field secretary for SNCC who was in charge of the Dallas County voting drive. The charge: vagrancy. Sheriff Clark testified that he was not aware that Lafayette had any visible means of support and that he had confidential reports that Lafayette, an able-bodied man, had been seen begging.4 The Sheriff candidly admitted that he had engaged in no further investigation with respect to these charges. When the police booked Lafayette at the county jail, he had nearly thirty dollars in cash in his pockets. Nevertheless, Dallas County officials prosecuted Lafayette for vagrancy. He was acquitted upon his testimony that the SNCC paid his living expenses.

June 26, 1963, the United States filed a complaint in United States v. Dallas County. It alleged that the surveillance of the meetings, along with the arrest and prosecution of Reese and Lafayette tended to threaten and coerce the Negro citizens of Dallas County in the exercise of their right to vote, and that the county officials intended their acts to have just that effect. The complaint prayed that the same and similar acts be enjoined as in violation of the Civil Rights Act of 1957, 42 U.S.C. § 1971(b).5

Before the case came on for hearing, Sheriff Clark, patrolling in the vicinity of a mass meeting, stopped one of the workers, Alexander Brown, for driving a car with only one headlight operating. Clark asked Brown his name, and Brown replied, “Brown”. Then Clark asked for Brown’s driver’s license. The name in which the license was issued was Alexander Love. Sheriff Clark promptly arrested Brown for concealing his identity.6

Brown attempted to explain the discrepancy to Sheriff Clark at the time of his arrest; but the Sheriff would not listen. He was not interested in explanations, he testified. Brown found that the other county officials with whom he was forced to deal had no more interest than the Sheriff. Eventually Brown was tried and acquitted of the offense of concealing his identity.7

United States v. Dallas County came on for a hearing in the United States District Court for the Southern District of Alabama July 25, 1963. At the conclusion of that day’s hearings, the trial judge continued the case. The hearing was resumed and completed October 15, 1963.

Meanwhile, July 29, 1963, officials of the Sheriff’s office arrested twenty-nine Negroes who were attending a registration meeting. In each ease the charge was operating a motor vehicle with improper license-plate lights. In September and early October the streets of Selma saw several large scale demonstra[739]*739tions relating to voter registration and equal access to public accommodations. Local officials arrested large numbers of Negro demonstrators, both juveniles and adults. The United States, contending that the September and October arrests and prosecutions were relevant to the likelihood that the defendants would continue their coercive activity, sought to introduce evidence of these intervening arrests at the October 15 hearing. The trial judge excluded this evidence on the ground that events occurring after the first hearing in the case were not admissible.

The evening of the final hearing in Dallas County, October 15, 1963, Dr. Martin Luther King delivered an address in Selma. Shortly thereafter various Alabama officials charged that a Justice Department lawyer had transported Dr. King from Birmingham to Selma in a rented car paid for by the federal government. After an initial denial, the Justice Department admitted the substance of the charges. November 4, 1963, the Dallas County Grand Jury subpoenaed a number of lawyers from the Civil Right Division of the Justice Department to appear before it November 13. It subpoenaed a number of Negroes active in the voter drive as well. November 12, the United States filed its complaint in United States v. McLeod, seeking to enjoin the Grand Jury and other county officials from compelling the government lawyers to appear. The complaint alleges that the mass arrests of September and October, together with the action of the Grand Jury in subpoenaeing Justice Department lawyers and Negroes active in the voter registration drive, intimated Negroes with respect to their right to vote in violation of 42 U.S.C. § 1971(b). The United States asked for an injunction to prevent county officials from continuing their coercive actions.

The district court denied relief in both cases. In Dallas County it found that each of the allegedly coercive acts was justified — that the surveillance of the mass meetings was necessary to keep order and to protect the Negroes; that Sheriff Clark had probable cause to believe Bernard Lafayette was a vagrant; that Bosie Reese “was in fact molesting the voter registration line in that he was requesting information of persons therein * * *";8 and that Alexander Brown was in fact using an alias. The district judge concluded “that no federal constitutional

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Bluebook (online)
385 F.2d 734, 1967 U.S. App. LEXIS 4859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-blanchard-mcleod-united-states-of-america-v-dallas-county-ca5-1967.