LAW 110 Chapter Notes - Chapter adickes-v-s.h. kress: Summary Judgment, Affidavit
Document Summary
In a civil rights action in which a conspiracy between the police and s. h. Kress & company (defendant) was alleged, summary judgment was granted when adickes (plaintiff) could not produce any evidence to support a conspiracy. Plaintiff sued the defendant in federal court alleging that there was a conspiracy between the defendant and the police to arrest the plaintiff when she entered defendant"s store because she was in the company of african. Defendant moved for summary judgment on the grounds that plaintiff could not produce any evidence in support of a conspiracy. The district court granted summary judgment ruling that plaintiff failed to produce any facts to allege that a conspiracy might be inferred. Plaintiff had to prove state action by showing that defendant"s employee and a policeman reached an understanding to cause her arrest because she was a white person in the company of african americans.