Adickes v. S.H. Kress & Co.
398 U.S. 144 (1970)
- A white school teacher went was refused service at a cafeteria while in the company of her black students.
- When she left the restaurant, she was arrested.
- ¶ sues under 42 U.S.C. §1983
- Defendant moved for summary judgment, granted for failing to state facts on which a conspiracy can be proven.
- Affirmed by Court of Appeals
Contentions of parties:
r: policeman was not in the store.
¶: the fact that the police man was in the store can be inferred to show a conspiracy, the situation in the store was not explosive
Whether a non-moving party in a summary judgment motion has the burden of proving that there is evidence in support of claim.
A non-moving party in a summary judgment motion does not have the burden of proving that there is evidence in support of claim because the moving party must first establish the absence of a genuine issue.
“Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is present.”