# United States v. Blanchard McLeod United States of America v. Dallas County

> Court of Appeals for the Fifth Circuit · October 16, 1967 · 385 F.2d 734

URL: https://www.frixlaw.com/law-library/cases/9453120

## Case

- **Full name:** UNITED STATES of America, Appellant, v. Blanchard McLEOD Et Al., Appellees; UNITED STATES of America, Appellant, v. DALLAS COUNTY Et Al., Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 16, 1967
- **Citations:** 385 F.2d 734; 1967 U.S. App. LEXIS 4859
- **Precedential status:** Published
- **Opinion:** Concurrence by Bell
- **Judges:** Woodbury, Wisdom, Bell
- **Cited by:** 174 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453120

## How later opinions describe it (automated extraction)

- observing that Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967
- holding that a pattern of 24 baseless arrests of Black individuals attending a voter-registration meeting was 25 intimidating and coercive conduct given its “chilling effect” on voter registration
- observing that Pierson v. Ray, *981 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), while holding “that judges are immune from liability for damages in suits under 42 U.S.C. § 1983 . . . does not . mean that they may not be enjoined from pursuing a course of unlawful conduct”
- observing that Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), while holding "that judges are immune from liability for Damages in suits under 42 U.S.C. § 1983 . . . does not . . . mean that they may not be enjoined from pursuing a course of unlawful conduct"

## Opinion text

BELL, Circuit Judge
(concurring specially):
No one, not even the defendants, could doubt that the arrests and prosecutions here involved were designed to interfere with the rights of Selma and Dallas County Negroes to the franchise. The District Court, as the majority points out in a particularly learned and comprehensive opinion, fell into error in its approach. The questions presented should have been determined from the overall viewpoint of 42 U.S.C.A. § 1971 (b), which proscribes such interference. I concur in the holdings that the trial court erred in failing to find on the facts that the conduct of the defendants threatened, intimidated and coerced, prospective Negro voters and was for the purpose of interfering with their right to vote. It follows that adequate relief necessitates expunging the arrests and/or convictions which form the basis of these suits from the state records. All fines and costs paid must be refunded and all defense costs including attorneys’ fees incurred in the defense of the criminal prosecutions must be reimbursed. I also concur in the disposition of the grand jury and surveillance questions.
The grand jury investigation was improper in view of federal sovereignty as it exists in our dual system of government. The state had no right to investigate the activities of the Justice Department. This question was settled by the Founding Fathers on the formation of the Union and the adoption of the Supremacy Clause.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453120. Public record. Not legal advice.