Today in Supreme Court History: November 17

Dennis v. Sparks, 449 U.S. 24 (decided November 17, 1980): private parties who allegedly corruptly conspired with judge to deny oil lease in violation of Due Process can still be sued under §1983 even though co-conspirator judge enjoys judicial immunity (echoes of the Watergate convictions, with Nixon as an unindicted co-conspirator)

Crouch v. United States, 266 U.S. 180 (decided November 17, 1924): Navy war widow (husband had been on The Cyclops, which disappeared at sea in March 1918) can’t sue for restoration of statutory insurance benefits (they had been stopped due to her “misconduct”, not described in the opinion); United States had not waived sovereign immunity

Toucey v. New York Life Ins. Co., 314 U.S. 118 (decided November 17, 1941): Plaintiff’s assignee attempted to litigate a claim in state court that plaintiff had already lost on in federal court.  Court dissolves Circuit Court stay, holding that it is up to the state court to decide the res judicata issue without federal court interference.  In dissent Justice Reed argues that the Anti-Injunction Act, 28 U.S.C. §2283 (restricting federal courts from staying state court proceedings) was not meant to leave federal courts powerless to protect their own judgments.  In 1948 the Act was amended in accordance with his position.

Morrissey v. Perry, 137 U.S. 157 (decided November 17, 1890): statute prohibiting enlistment under the age of 18 did not void legal obligation of soldier who enlisted at age 17 (lying about his age), deserted, then reappeared at age 21 and demanded his freedom; statute was for the benefit of parents and guardians in aid of custody and control of their children