Adickes v. S.H. Kress & Co.

398 U.S. 144 (1970)

Facts:

• 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.

Procedural History:

• ¶ 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

Reversed

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

Issue:

Whether a non-moving party in a summary judgment motion has the burden of proving that there is evidence in support of claim.

Holding:

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.

Rule:

“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.”