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Civil Procedure Keyed to Subrin
Adickes v. S.H. Kress & Co
Facts
Plaintiff sued the Defendant in federal court alleging that there was a conspiracy between the Defendant and the police to arrest the Plaintiff when she entered Defendant’s store because she was in the company of African Americans. Defendant moved for summary judgment on the grounds that Plaintiff could not produce any evidence in support of a conspiracy. The district court granted summary judgment ruling that Plaintiff failed to produce any facts to allege that a conspiracy might be inferred. The Court of Appeals affirmed. On appeal, the Supreme Court held that Plaintiff had to prove state action by showing that Defendant’s employee and a policeman reached an understanding to cause her arrest because she was a white person in the company of African Americans.
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