Bell v. Hood
- Decided
- April 1, 1946
- Docket
- 344
- Status
- Published
- Jurisdiction
- Federal
Cited 4,157 timesNo negative treatment found in this library
What later courts said
- holding that claims may be dismissed for want of jurisdiction if "wholly insubstantial and frivolous" — LaRouche, Lyndon H. v. Fowler, Donald L. (1998)
- holding that a motion to dismiss may only be decided once the court establishes subject matter jurisdiction over the claims — Marjorie Fishburn v. Edward E. Brown, United States of America, and Internal Revenue Service (1997)
- holding that a motion to dismiss for failure to state a claim may be decided only after finding subject-matter jurisdiction — Schmidt v. United States Capitol Police Board (2011)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Me. Justice Black delivered the opinion of the Court.
Petitioners brought this suit in a federal district court to recover damages in excess of $3,000 from the respondents who are agents of the Federal Bureau of Investigation. The complaint alleges that the court’s jurisdiction is founded upon federal questions arising under the Fourth and Fifth Amendments. It is alleged that the damages were suffered as a result of the respondents imprisoning the petitioners in violation of their constitutional right to be free from deprivation of their liberty without due process of law, and subjecting their premises to search and their possessions to seizure, in violation of their constitutional right to be free from unreasonable searches and seizures.[1] [*680] Respondents moved to dismiss the complaint for failure to state a cause of action for which relief could be granted and for summary judgment on the grounds that the federal agents acted within the scope of their authority as officers of the United States and that the searches and seizures were incidental to lawful arrests and were therefore valid. Respondents filed affidavits in support of their motions and petitioners filed counter-affidavits. After hearing the motions the district judge did not pass on them but, on his own motion, dismissed the suit for want of federal jurisdiction on the ground that this action was not one that “. . . arises under the Constitution or laws of the United States . . .” as required by 2.8 U. S. C. § 41 (1). The Circuit Court of Appeals affirmed on the same ground. 150 F. 2d 96. At the same time it denied a motion made by petitioners asking it to direct the District Court to give petitioners leave to amend their complaint in order to make it still more clearly appear that the action was directly grounded on violations of rights alleged to stem from the Fourth and Fifth Amendments. We granted certiorari because of the importance of the jurisdictional issue involved.
Respondents make the following argument in support of the District Court’s dismissal of the complaint for want of federal jurisdiction. First, they urge that the complaint states a cause of action for the common law tort of trespass made actionable by state law and that ft' therefore does not raise questions arising “under the Constitution [*681] or laws of the United States.” Second, to support this contention, respondents maintain that petitioners could not recover under the Constitution or laws of the United States, since the Constitution does not expressly provide for recovery in money damages for violations of the Fourth and Fifth Amendments and Congress has not enacted a statute that.does so provide. A mere reading of the complaint refutes the first contention and, as will be seen, the second one is not decisive on the question of jurisdiction of the federal court.
Cite this
Bell v. Hood, 327 U.S. 678 (1946)Read the full opinion
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