Stevens v. Marks

Decided October 11, 1965

Supreme Court of the United States · decided 1965-10-11

Relies on United States of America Ex Rel. James T. Stevens v. John J. McCloskey as Sheriff of the City of New York, New York

Good law ✅— No negative treatment on recordhow we know

Decided 1965-10-11

How this case has been cited

Cited by 848 later decisions (12 by the Supreme Court) — most recently September 2021 · most notably United Mine Workers of America v. Gibbs (1966), Basic Inc. v. Levinson (1988)

441 federal appellate · 54 district · 51 state decisions — followed in 23 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1App. Div., Sup. Ct. N. Y., 1st Jud. Dept.; and

¶2C. A. 2d Cir. Certiorari granted limited to Question 1 presented by the petitions which reads as follows:

¶3“1. Is Article 1, Section 6 of the New York State Constitution and Section 1123 of the New York City Charter repugnant to the United States Constitution in that any public officer who refuses to sign a waiver of immunity and claims a privilege against self-incrimination suffers a penalty of loss of his public position and is barred from public employment for five years under the New York State Constitution and forever under the New York City Charter?”

¶4The cases are consolidated and a total of two hours is allotted for oral argument.

¶5Reported below: No. 210, 22 App. Div. 2d 683, 253 N. Y. S. 2d 401; No. 290, 345 F. 2d 305.