STATEMENT SHOWING THE NUMBER OF CASES FILED, DISPOSED OF, AND REMAINING ON DOCKETS AT CONCLUSION OF OCTOBER TERMS 1982, 1983, AND 1984
Cases reviewed and decided without oral argument.
Total cases to be available for argument at outset of following term.
ADULT BOOKSTORES. See Stays, 1.
"ALIMENTARY CANAL" NARCOTICS SMUGGLERS. See Constitu-
tional Law, V.
ANTITRUST ACTS. See Federal Arbitration Act.
ARBITRATION. See Federal Arbitration Act; Federal Insecticide,
Fungicide, and Rodenticide Act.
ARMED FORCES. See Constitutional Law, I, 2; Federal Tort Claims
Act; Jurisdiction.
ARTICLE III COURTS AND JUDGES. See Federal Insecticide, Fun-
gicide, and Rodenticide Act.
See also Civil Rights Attorney's Fees Awards
Act of 1976; Constitutional Law, I, 2; Jurisdiction; Stays, 2.
Rejection of settlement offer-Attorney's fees incurred thereafter.—
Where (1) petitioner police officers made a pretrial offer to settle respond-
ent's 42 U. S. C. § 1983 action against them for shooting and killing re-
spondent's son, (2) offer expressly included accrued costs and attorney's
fees, (3) respondent rejected offer and, after trial, was awarded an amount
that was less than settlement offer, and (4) respondent sought to recover
attorney's fees under Civil Rights Attorney's Fees Awards Act of 1976, pe-
titioners were not liable for attorney's fees incurred by respondent after
petitioners' settlement offer, in view of Federal Rule of Civil Procedure 68.
Marek v. Chesny, p. 1.
AUTOMOBILE DISTRIBUTORS. See Federal Arbitration Act.
BOOKSTORES. See Stays, 1.
CALIFORNIA. See Constitutional Law, VI.
CERTIORARI PETITIONS. See Racketeer Influenced and Corrupt
Organizations Act, 1.
CHARITY CAMPAIGNS. See Constitutional Law, IV.
CITY'S PAYMENT OF PAROCHIAL SCHOOL TEACHERS' SALA-
RIES. See Constitutional Law, III, 1.
CIVIL RIGHTS ACT OF 1871. See Attorney's Fees; Civil Rights At-
torney's Fees Awards Act of 1976.
CIVIL RIGHTS ATTORNEY'S FEES AWARDS ACT OF 1976. See
also Attorney's Fees; Stays, 2.
Action against state and local officials-State's liability for attorney's
fees.-Act does not allow attorney's fees to be recovered from a govern-
mental entity when a plaintiff prevails in a suit against governmental em-
ployees only in their personal capacities; attorney's fees could not be
awarded against Kentucky where (1) respondents, in their action under 42
U. S. C. § 1983 seeking money damages arising from alleged constitutional
violations by police, joined and sued State only for attorney's fees if re-
spondents eventually prevailed, (2) District Court, relying on Eleventh
Amendment, dismissed State as a party, and (3) suit (which was ultimately
settled in respondents' favor) was litigated against individual state and
local officials as a personal-capacity, not an official-capacity, action. Ken-
tucky v. Graham, p. 159.
COLLECTIVE-BARGAINING AGREEMENTS. See National Labor
Relations Act, 1.
CONDEMNATION. See Justiciability.
CONSTITUTIONAL LAW. See also Civil Rights Attorney's Fees
Awards Act of 1976; Federal Insecticide, Fungicide, and Rodenti-
cide Act; Jurisdiction; Justiciability; Stays, 1.
1. Prosecutor's failure to disclose evidence-reversible error. —A pros-
ecutor's failure to disclose to a defendant evidence that could be used effec-
tively to impeach important Government witnesses violates due process,
but such constitutional error requires reversal of a conviction only if evi-
dence is material in sense that its suppression might have affected outcome
of trial. United States v. Bagley, p. 667.
2. Veterans' benefits-Attorney's fees-Limitation of amount. - Federal
statutory provision limiting fee that may be paid an attorney or agent who
represents a veteran seeking benefits from Veterans' Administration for
service-connected disability or death to $10 does not violate Due Process
Clause of Fifth Amendment, or First Amendment rights of appellee veter-
ans' organizations, individual veterans, and a veteran's widow. Walters v.
National Assn. of Radiation Survivors, p. 305.
II. Equal Protection of the Laws.
Zoning-Group home for mentally retarded-Special use permit. - With
regard to an equal protection challenge of a city zoning ordinance requiring
a special use permit for operation in zoned area of a group home for men-
tally retarded, mental retardation is not a quasi-suspect classification call-
CONSTITUTIONAL LAW-Continued.
ing for a more exacting standard of judicial review than is normally
accorded economic and social legislation; requiring a permit for operation of
a proposed group home under ordinance challenged in this case violated
equal protection principles because ordinance allowed operation of facilities
such as boarding houses and hospitals without a permit and record did not
reveal a rational basis for believing that proposed group home would pose
any special threat to city's legitimate interests. Cleburne v. Cleburne
Living Center, Inc., p. 432.
III. Freedom of Religion.
1. Parochial school teachers-City's payment of salaries.-City's use of
federal funds, received under Title I program of Elementary and Second-
ary Education Act of 1965, to pay salaries of public school employees who
taught in parochial schools-such teachers being assigned by city and su-
pervised by field personnel who monitored Title I classes-violated Estab-
lishment Clause of First Amendment. Aguilar v. Felton, p. 402.
2. School District's programs-Classes for nonpublic school students.-
Petitioner School District's programs that provided classes for nonpublic
(mostly parochial) school students at public expense in classrooms in and
leased from nonpublic schools-such classes being taught by public school
employees and involving voluntary courses or courses that supplemented
"core curriculum" courses required by State-violated Establishment
Clause of First Amendment. School Dist. of Grand Rapids v. Ball, p. 373.
IV. Freedom of Speech.
Federal charity campaign-Exclusion of legal defense and political ad-
vocacy organizations.-Where (1) participation in Combined Federal Cam-
paign (CFC), a charity drive aimed at federal employees, was limited by
Executive Order to charitable organizations providing direct health and
welfare services, and legal defense and political advocacy organizations
(such as respondents) were specifically excluded, and (2) participating
organizations were limited to 30-word solicitation statements in CFC lit-
erature given to federal employees, such solicitation was speech protected
by First Amendment; however, CFC was a nonpublic forum, and Govern-
ment's reasons for excluding respondents from CFC facially satisfied appli-
cable reasonableness standard. Cornelius v. NAACP Legal Defense &
Ed. Fund, Inc., p. 788.
V. Searches and Seizures.
Detention by customs officials-“Alimentary canal" narcotics smug-
gler.-Where (1) customs officials detained respondent passenger at air-
port when they suspected that she was a "balloon swallower" attempting to
smuggle into country narcotics hidden in her alimentary canal, (2) after in-
communicado detention for almost 16 hours, officials sought a court order
CONSTITUTIONAL LAW-Continued.
authorizing a rectal examination, (3) during such detention, she accepted
option of returning to Colombia, but officials could not place her on next
available flight and she refused to use monitored toilet facilities, and (4)
pursuant to a court order, a rectal examination at a hospital resulted in ob-
taining cocaine-filled balloons that had been smuggled in her alimentary
canal, detention did not violate Fourth Amendment since, under facts
surrounding respondent and her trip, officials reasonably suspected that
she was an "alimentary canal" smuggler. United States v. Montoya de
Hernandez, p. 531.
VI. States' Immunity from Suit.
Rehabilitation Act of 1973-Discrimination in employment of handi-
capped persons. -Eleventh Amendment proscribed federal-court action by
respondent, who was physically handicapped, alleging that petitioner Cali-
fornia State Hospital's refusal to hire him violated Rehabilitation Act of
1973's prohibition of discrimination against handicapped persons under any
program receiving federal financial assistance under Act, there being no
waiver in California's Constitution of State's Eleventh Amendment immu-
nity from suit in federal court, and Rehabilitation Act not abrogating
Amendment's bar against such suits. Atascadero State Hospital v. Scan-
lon, p. 234.
"CONTAINERIZATION” OF MARINE CARGO. See National Labor
Relations Act, 1.
CONTRACTS FOR HARVESTING TIMBER IN NATIONAL FOR-
ESTS. See Stays, 4.
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS. See Federal Arbitration Act.
CONVICTION AS PREREQUISITE FOR VICTIM'S PRIVATE AC-
TION AGAINST DEFENDANT. See Racketeer Influenced and
Corrupt Organizations Act, 2.
COPYRIGHTS. See Criminal Law.
CRIMINAL LAW. See also Constitutional Law, I, 1; V; Interstate
Agreement on Detainers; Racketeer Influenced and Corrupt Orga-
nizations Act.
Interstate transportation of stolen goods-"Bootleg" phonorecords.-
Title 18 U. S. C. § 2314, which proscribes interstate transportation of
goods known to have been "stolen, converted or taken by fraud,” did not
reach petitioner's conduct as to interstate transportation of "bootleg" pho-
norecords that were manufactured and distributed without consent of
copyright owners of musical compositions performed on records. Dowling
v. United States, p. 207.
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