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Civil Procedure Keyed to Field
Walker v. City of Birmingham
Citation:
388 U.S. 307, 87 S.Ct. 1824Facts
City officials in the City of Birmingham (Plaintiff) sought an injunction to stop specific individuals from protesting racial segregation. The court granted a preliminary injunction enjoining the named persons, including Walker (Defendants), from engaging in mass protests without first obtaining a license from the city. Walker and seven other enjoined individuals marched nonetheless, and they stated that they would not follow the injunction because they believed it violated their First and Fourteenth Amendment rights. After the march, the court refused to consider the argument that the injunction was unconstitutional, and refused to waive the infraction because the defendants did not attempt to dissolve the injunction in court prior to violating it. The court found Walker and the others in contempt and sentenced them to five days in jail and a $50 fine. Walker appealed, but the Supreme Court of Alabama affirmed. The United States Supreme Court granted certiorari.
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