# Sandra Adickes v. S. H. Kress and Company

> Court of Appeals for the Second Circuit · May 5, 1969 · 409 F.2d 121

URL: https://www.frixlaw.com/law-library/cases/9454434

## Case

- **Full name:** Sandra ADICKES, Plaintiff-Appellant, v. S. H. KRESS AND COMPANY, Defendant-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** May 5, 1969
- **Citations:** 409 F.2d 121
- **Precedential status:** Published
- **Opinion:** Dissent by Waterman
- **Judges:** Waterman, Moore, Hays
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9454434

## Opinion text

WATERMAN, Circuit Judge
(dissenting) :
I dissent and would remand for further proceedings below. See Achtenberg, Adickes et al. v. State of Mississippi, 393 F.2d 468 (5 Cir. 1968).
Miss Adickes was engaged in “protected activity”; Section 2046.5 of the Mississippi Code encouraged the defendant’s employees to make the invidious discrimination; and her arrest upon her immediate exit from the store on the unsupportable trumped-up charge of vagrancy was a flagrant misuse of the State’s criminal process in order to perpetuate by subterfuge Mississippi’s well-known practice of preventing Caucasians and Afro-Americans from grouping themselves together in company in places of public resort.
I reserve the right to file an enlarged opinion at a later date.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9454434. Public record. Not legal advice.