Davis v. Goodson
459 U.S. 1154
SCOTUS
1983
Check Treatment

*1 1154 Rights 42 1975, Act of Bill of and Assistance

Disabled IV). (1976 Supp. seq. §6001 We ex- ed. and et S.U. C. § may by a suit plained be enforced 1983 statute that a federal private only Congress of enforcement not foreclosed if has if the statute itself and created in enactment that statute the §1983. “rights” 28. In S., 451 U. at under enforceable Sewerage Authority County v. National Sea Middlesex (1981), 1 we our hold- reaffirmed Assn., 453 U. S. Clammers § refusing ing supra, a 1983 to en- to allow suit Pennhurst, in provisions Act, Pollution Control of the Federal Water force (1976 V), § seq. Supp. Ma- et ed. and and the 33 U. 1251 S. C. 33 1972, and Sanctuaries Act of Research, rine Protection, (1976 V). seq. Supp. § and Consider- 1401 et ed. U. S. C. question of whether the the difficult and unanswered ation of by way Unemployment of Tax Act is enforceable Federal § provide guidance the federal courts on would to lower 1983 application Middlesex Thibotout, Pennhurst, of and the Authority. County Sewerage grant

I to these issues. would certiorari consider Sup. Ct. Ark. Certio- No. 82-490. Davis Goodson. v. rari denied.

Justice Stevens, concurring. petition affirm- for not

Because the a writ of certiorari does atively question presented to de- show that a federal or was by Supreme cided the of I the Court Arkansas, Court believe correctly denies the writ.

Justice Marshall, dissenting. advising summarily contempt his

Petitioner was held in for breath-analy- privilege client that he had a to to a not submit citing judge petitioner contempt, In made sis test. the for finding given the no that the in faith. Given advice was bad finding, grant of to decide absence such a I certiorari would contempt petitioner’s for whether sentence conviction and

1155 light constitutionally infirm of in this in are Court’s decision *2 (1975), Meyers, 419 U. S. 449 Maness v. where we held that subject penalty contempt is to the “an advocate not of for ad- good vising faith, in to the client, his assert Fifth Amend- privilege against any proceeding in self-incrimination ment power compel testimony.” embracing Id., the to 468. at (Stewart, concurring result); J., also at in See 472 In re id., (1903) (“if attorney good 29 an Watts, 1, 190 U. S. acts in faith and in the honest belief that his advice is well founded just client, in the of his he cannot and interests be held liable judgment”). for in error

No. 82-516. et Carolina al. v. South Interstate A. Cir. C. 4th Certiorari Commission et al. Commerce part denied. took no in the consideration Powell Justice petition. or decision this of Crim. Ct. Okla.;

No. 82-788. Jones v. Oklahoma. App. Sup. No. Fla.; 82-5744. Ct. and Meeks v. Florida. App. No. 82-5789. Parks v. Oklahoma. Ct. Crim. Reported Certiorari 82-788, Okla. denied. below: No. 648 P. 2d No. 418 P. 1251; 82-5744, 987; 82-5789, So. 2d No. 651 2d 686.

Justice Brennan and Marshall, Justice dissenting. Adhering penalty to our in views that the death is all cir- by punishment prohibited cumstances cruel and the unusual Eighth Georgia, Gregg and Fourteenth v. 428 Amendments, (1976), grant 153, 227, U. S. 231 va- we would certiorari and cate the death sentences in these cases. Independent

No. 82-805. District Lubbock School et al. v. Lubbock Civil Liberties A. 5th Cir. Union. C. Group Motions of The Ad Students Council, Freedom Hoc of Independent in District, and Parents Texas Lubbock School Association of of Evan- Boards, School National Association gelicals al., et al., Mark 0. National Council Hatfield et and al. of Churches of in of America et Christ the United States