Adickes v. S.H. Kress Co.
| Adickes v. S. H. Kress & Co. | |
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| Argued November 12, 1969 Decided June 1, 1970 |
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| Full case name | Sandra Adickes, Petitioner v. S. H. Kress & Company |
| Citations | 398 U.S. 144 (more)
90 S. Ct. 1598, 26 L. Ed. 2d 142 (1970)
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| Prior history | Cert. to the United States Court of Appeals Second Circuit |
| Holding | |
| A party moving for summary judgment carries the burden of proof to establish a lack of factual controversy. | |
| Court membership | |
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| Case opinions | |
| Majority | Harlan, joined by Burger, Stewart, White, Marshall, Blackmun |
| Concurrence | Black |
| Dissent | Douglas |
| Dissent | Brennan (in part) |
| Laws applied | |
| Rule 56(e) of the Federal Rules of Civil Procedure, 420 U.S.C. §1983 | |
Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970), was a United States Supreme Court case where the majority ruling, written by Justice Harlan, asserted that the burden of showing a lack of factual controversy rests upon the party asserting the summary judgment. It was later challenged by Celotex Corp. v. Catrett (1986), but the case was not officially overruled.
Plaintiff Sandra Adickes (Adickes), a white schoolteacher, was refused service by defendant S. H. Kress & Co. when she ordered food at Kress's Hattiesburg, Mississippi lunch counter in 1964. The refusal was based on the fact that Adickes was accompanied by six of her students from the Mississippi Freedom School, all of whom were black, and who also ordered lunch. Once Adickes was refused service, the group got up and left the store. Upon leaving the establishment, Adickes was arrested for vagrancy by a police officer who had been seen inside the Kress store with the black students.
Adickes filed a lawsuit in federal court in New York, alleging two counts: (1) Kress had deprived her of the right under the Equal Protection Clause of the Fourteenth Amendment not to be discriminated against on the basis of race, and (2) that both the refusal of service and her subsequent arrest were the product of a conspiracy between Kress and Hattiesburg police. The first count went to trial and was ruled in favor of respondent; the second count was dismissed before trial on a motion for summary judgment. Adickes appealed the case. The United States Supreme Court granted Certiorari.
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