|
|
Evers v. Dwyer, 358 U.S. 202 (1958)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Evers v. Dwyer, 358 U.S. 202 (1958)
Evers v. Dwyer No. 382 Decided December 15, 1958 358 U.S. 202
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
Syllabus
A Negro resident of Memphis, Tenn., brought this class action in a Federal District Court against officials of the City of Memphis, the local street railway company, and one of that company’s employees, seeking a declaratory judgment as to his claimed constitutional right, and that of others similarly situated, to travel on buses within the City without being subjected, as required by a Tennessee statute, to segregated seating arrangements on account of race. The District Court dismissed the complaint on the ground that no "actual controversy," within the meaning of the Declaratory Judgment Act, had been shown, because appellant had ridden a bus in Memphis on only one occasion, had done so for the purpose of instituting this litigation, and was not "representative of a class of colored citizens who do use the buses in Memphis as a means of transportation."
Held: the record in this case establishes the existence of an actual controversy which should have been adjudicated by the District Court. Pp. 202-204.
Reversed, and case remanded for further proceedings.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Evers v. Dwyer, 358 U.S. 202 (1958) in 358 U.S. 202 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=T1A5A6DTHQV8GQ3.
MLA: U.S. Supreme Court. "Syllabus." Evers v. Dwyer, 358 U.S. 202 (1958), in 358 U.S. 202, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T1A5A6DTHQV8GQ3.
Harvard: U.S. Supreme Court, 'Syllabus' in Evers v. Dwyer, 358 U.S. 202 (1958). cited in 1958, 358 U.S. 202. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=T1A5A6DTHQV8GQ3.
|