Adickes v. S. H. Kress & Co.
| Adickes v. S. H. Kress & Co. | |
|---|---|
| Argued November 12, 1969 Decided June 1, 1970 | |
| 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 |
| Case history | |
| Prior | 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 | |
| |
| Case opinions | |
| Majority | Harlan, joined by Burger, Stewart, White, Blackmun |
| Concurrence | Black |
| Dissent | Douglas |
| Dissent | Brennan (in part) |
| Marshall took no part in the consideration or decision of the case. | |
| Laws applied | |
| Rule 56(e) of the Federal Rules of Civil Procedure, 42 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. While the issue before the Supreme Court was a fairly technical matter, the subject matter regarded the violation of white teacher Sandra Adickes' civil rights in the segregated South, after being refused service at a restaurant because she wished to eat with her black students.