At page 864 Determining when election irregularities violate section 198357 citing cases“willful conduct which undermines the organic processes by which candidates are elected.”
- William B. Shipley v. Chicago Bd. of Elections, 947 F.3d 1056 (7th Cir. 2020).published (It is not every election irregularity, however, which will give rise to a constitutional claim and an action under section 1983. Mere violation of a state statute by an election official, for example, will not.)
- Shelby Cnty. Advocates for Valid Elections v. Hargett, 348 F. Supp. 3d 764 (W.D. Tenn. 2018).published“voting device malfunction and the failure of election officials to take statutorily prescribed steps to diminish what was at most a theoretical possibility that the devices might be tampered with ... fall far short of c…”
- Election Integrity Proj. California, Inc. v. Shirley Weber, 113 F.4th 1072 (9th Cir. 2024).publishedGarden variety irregularities have historically included, but are not limited to, allegations of “[m]ere fraud or mistake,” id.; “claims of lax security,” Soules, 849 F.2d at 1184; absentee ballots delivered by persons other than the voter…
- Raila v. The Cook Cnty. Officers Electoral Bd. & its Members, No. 1:19-cv-07580, 2021 WL 5179913 (N.D. Ill. Nov. 8, 2021). Hennings v. Grafton, 523 F.2d 861, 863 (7th Cir. 1975).
- Luna v. City of Burlington, No. 21-CV-00550 (Vt. Super. Ct. July 19, 2021).publishedThese included cases of “[d]ilution of votes through malapportioned districts; purposeful or systematic discrimination against voters of a certain class; pervasive election fraud; and ‘other willful conduct which undermines the organic pro…
- Raila v. The Cook Cnty. Officers Electoral Bd. & its Members, No. 1:19-cv-07580 (N.D. Ill. June 8, 2020).Election Bd., 788 F.2d 1270 , 1272 (7th Cir. 1986) (quoting Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975)).
- Janis v. Janak, No. 5:19-cv-05032 (D.S.D. Apr. 26, 2019).(suggesting that a state official’s human error or negligence does not give rise to a constitutional claim for a federal court to hear)
- Bowes v. Indiana Sec'y of State, 837 F.3d 813 (7th Cir. 2016).published And • importantly, the constitutional violation here did not stem from any discrimination or “invidious or fraudulent intent,” Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975), but from a misguided effort to assure judicial impartial…
- Banfield, Aplts. v. Sec'y of the Com, 110 A.3d 155 (Pa. 2015).published(providing that “[v]oting device malfunction [and] the failure of election officials to take statutorily prescribed steps to diminish what was at most a theoretical possibility that the devices might be tampered with ...…)
- Minnesota Voters All. v. Mark Ritchie, 720 F.3d 1029 (8th Cir. 2013).published “It is not every election irregularity, however, which will give rise to a constitutional claim and an action under [§ ] 1988.” Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir.1975). “[Section 1983 is implicated only when there is ‘willful…
Show 41 more citing cases
- Sherman v. Indian Trails Pub. Library Dist., 2012 IL App (1st) 112771, 975 N.E.2d 1173.publishedBefore the trial court and on appeal, respondents noted as follows: “Infringement of voting rights found to have risen to this constitutional level include dilution of votes by reasons of malapportioned voting districts or weighted voting…
- Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011).published(Voting device malfunction [and] the failure of election officials to take statutorily prescribed steps to diminish what was at most a theoretical possibility that the devices might be tampered with ... fall far short o…)
- Broyles v. Texas, 643 F. Supp. 2d 894 (S.D. Tex. 2009).publishedExamples of “garden variety” irregularities include malfunctioning voting machines and the refusal to hold a manual recount, Hennings v. Grafton, 523 F.2d 861, 864-65 (7th Cir.1975); human error resulting in miscounted votes and a delay in…
- Broyles v. Texas, 618 F. Supp. 2d 661 (S.D. Tex. 2009).publishedExamples of “garden variety” irregularities include malfunctioning voting machines and the refusal to hold a manual recount, Hennings v. Grafton, 523 F.2d 861, 864-65 (7th Cir. 1975); human error resulting in miscounted votes and a delay i…
- Kozuszek v. Brewer, 546 F.3d 485 (7th Cir. 2008).published We held that “section 1983 is implicated only when there is ‘willful conduct which undermines the organic processes by which candidates are elected.’ ” Id. at 1271-72 (quoting Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir.1975)) (emphasi…
- Susan C. Hileman v. Louis Maze, 367 F.3d 694 (7th Cir. 2004).publishedThere is no shortage of cases proclaiming an enforceable right against various forms of election fraud, if it involves “willful conduct which undermines the organic processes by which candidates are elected,” Hennings v. Grafton, 523 F.2d…
- Hileman, Susan C. v. Maze, Louis, No. 02-4041 (7th Cir. May 10, 2004).publishedThere is no shortage of cases proclaiming an enforceable right against various forms of election fraud, if it involves “willful conduct which undermines the organic processes by which candidates are elected,” Hennings v. Grafton, 523 F.2d…
- Weber v. Shelley, 347 F.3d 1101 (9th Cir. 2003).published (device malfunction [and] the failure of election officials to take statutorily prescribed steps to diminish what was at most a theoretical possibility that the devices might be tampered with ... fall far short of const…)
- Julie Welker v. Darrell L. Clarke, 239 F.3d 596 (3d Cir. 2001).published (finding no constitutional violation where irregularities were caused by mechanical or human error and were not due to *598 invidious or fraudulent intent)
- Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton, 234 F.3d 1163 (11th Cir. 2000).published (stating that while due process rights would be implicated on a showing of “willful conduct which undermines the organic processes by which candidates are elected,” no constitutional guarantee protects against inadverten…)
- Ned L. Siegel v. Theresa Lepore, No. 00-15981 (11th Cir. Dec. 6, 2000).published(stating that while due process rights would be implicated on a showing of “willful conduct which undermines the organic processes by which candidates are elected,” no 50 constitutional guarantee protects against inadver…)
- Touchston v. McDermott, 120 F. Supp. 2d 1055 (M.D. Fla. 2000).published(collecting cases and finding no federal intervention warranted where record "show[ed] at most irregularities caused by mechanical or human error and lacking in invidious or fraudulent intent [and did] not show conduct w…)
- Off. of Hawaiian Affairs v. Cayetano, 6 P.3d 799 (Haw. 2000).published "The setting aside of an election is an extraordinary remedy," observed the court in Smith v. Paris, 257 F.Supp. 901, 905 (M.D.Ala.1966), "which the Court should grant only under the most extraordinary of circumstances." Dilution of votes…
- Montecino v. Louisiana, 55 F. Supp. 2d 547 (E.D. La. 1999).publishedThe Fifth Circuit has recognized a section 1983 cause of action when “wilful conduct undermines the organic processes by which candidates are elected,” Gamza v. Aguirre, 619 F.2d 449, 452 (5th Cir.1980), quoting Hennings v. Grafton, 523 F.…
- Bennett v. Yoshina, 140 F.3d 1218 (9th Cir. 1998).published(malfunctioning of voting machines)
- Putter v. Montpelier Pub. Sch. Sys., 697 A.2d 354 (Vt. 1997).publishedAla. 1966), “which the Court should grant only under the most extraordinary of circumstances.” Dilution of votes through malapportioned districts, Reynolds v. Sims, 377 U.S. 533, 554 (1964); purposeful or systematic discrimination against…
- Dickie v. Rabbit, 956 F. Supp. 67 (D. Mass. 1997).publishedExamples of election irregularities which have not given rise to constitutional claims include: late arrival of voting machines along with the failure to remove a candidate’s name from seventy-five percent of the voting machines, Gold, 101…
- Louis Kasper v. Bd. Of Election Commissioners Of The City Of Chicago, 814 F.2d 332 (7th Cir. 1987).published See Hennings v. Grafton, 523 F.2d 861, 864-85 (7th Cir.1975); Bodine, 788 F.2d at 1272 . "[S]ection 1983 is implicated only when there is 'willful conduct which undermines the organic processes by which candidates are elected'." Bodine, 78…
- Kasper v. Bd. of Election Commissioners, 814 F.2d 332 (7th Cir. 1987).published See Hennings v. Grafton, 523 F.2d 861, 864-85 (7th Cir.1975); Bodine, 788 F.2d at 1272 . “[SJection 1983 is implicated only when there is ‘willful conduct which undermines the organic processes by which candidates are elected’.” Bodine, 78…
- Kasper v. Hayes, 651 F. Supp. 1311 (N.D. Ill. 1987).publishedHennings v. Grafton, 523 F.2d 861, 864 (7th Cir.1975).
- Santana v. Registrars of Voters of Worcester, 502 N.E.2d 132 (Mass. 1986).publishedSet Hendon v. North Carolina State Bd. of Elections, 710 F.2d 177 , 182 (4th Cir. 1983); Griffin v. Burns, 570 F.2d 1065, 1076-1077 (1st Cir. 1978); Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975); Powell v. Power, 436 F.2d 84, 88 (…
- Bodine v. Elkhart Cnty. Election Bd., 788 F.2d 1270 (7th Cir. 1986).published “It is not every election irregularity, however, which will give rise to a constitutional claim and an action under section 1983.” Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir.1975).
- Soules v. Kauaians for Nukolii Campaign Comm., 623 F. Supp. 657 (D. Haw. 1985).publishedHennings v. Grafton, 523 F.2d 861, 864 (7th Cir.1975).
- Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga. 1981).publishedSection 1983 claims have been sustained on allegations of “dilution of votes by reason of malapportioned voting districts or weighted voting systems...; purposeful or systematic discrimination against voters of a certain class, ... geograp…
- State ex rel. Hill v. Travers, 602 S.W.2d 856 (Mo. Ct. App. 1980).publishedHennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975).
- Gamza v. Aguirre, 619 F.2d 449 (5th Cir. 1980).published A cause of action has been recognized when "wilful conduct . . . undermines the organic processes by which candidates are elected." Hennings v. Grafton, 523 F.2d 861, 864 (7th Cir. 1975).
- Stephen G. Rudisill & Gail P. Rudisill v. Ruth S. Flynn, Frank Angelotti, Jackqueline Angelotti, & Ralph Huszagh, 619 F.2d 692 (7th Cir. 1980).publishedLater cases of this court have distinguished Smith as- a case of a bald and purposeful “fraud on the voters,” Russo v. Vacin, 528 F.2d 27, 30 (7th Cir. 1976), involving “wilful conduct which undermine[d] the organic processes by which cand…
- Shakman v. Democratic Org. of Cook Cty., 481 F. Supp. 1315 (N.D. Ill. 1979).publishedThe Shakman case, when read with the ballot placement cases, can therefore be seen as holding that government action that deliberately uses the patronage system to favor one candidate over another is improperly motivated for purposes of mo…
- Lloyd T. Griffin v. Robert F. Burns, Etc., Thomas A. McCormick, 570 F.2d 1065 (1st Cir. 1978).publishedJudge Tone made clear the panel’s belief “that the Constitution protects the right of all qualified *1077 citizens to vote in state and federal elections and to have their votes counted without debasement or dilution.” Id. at 863-64 (Citat…
- Endress v. Brookdale Cmty. Coll., 364 A.2d 1080 (N.J. Super. Ct. App. Div. 1976).publishedHennings v. Grafton, 523 F. 2d 861, 864 (7 Cir.1975); Chaudoin v. Atkinson, supra, 406 F. Supp. at 35 .
- Bonas v. Town of North Smithfield, 265 F.3d 69 (1st Cir. 2001).published
- Soules v. Kauaians For Nukolii Campaign Comm., 849 F.2d 1176 (9th Cir. 1988).published
- United States v. Maria Del Socorro Pardo Viuda De Aguilar, United States of Am. v. Anthony Clark, A/K/A Antonio Clark, United States of Am. v. Sister Darlene Nicgorski, Sch. Sisters of Saint Francis, United States of Am. v. Philip M. Willis-Conger, A/K/A Phillip M. Conger, United States of Am. v. John M. Fife, United States of Am. v. Margaret Jean Hutchison, A/K/A Peggy Hutchison, United States of Am. v. Wendy Lewin, United States of Am. v. Ramon Dagoberto Quinones, 871 F.2d 1436 (9th Cir. 1989).published
- United States v. Maria Del Socorro Pardo Viuda De Aguilar, United States of Am. v. Anthony Clark, A/K/A Antonio Clark, United States of Am. v. Sister Darlene Nicgorski, Sch. Sisters of Saint Francis, United States of Am. v. Philip M. Willis-Conger, A/K/A Phillip M. Conger, United States of Am. v. John M. Fife, United States of Am. v. Margaret Jean Hutchison, A/K/A Peggy Hutchison, United States of Am. v. Wendy Lewin, United States of Am. v. Ramon Dagoberto Quinones, 883 F.2d 662 (9th Cir. 1989).published
- Shannon v. Jacobowitz, 394 F.3d 90 (2d Cir. 2005).published
- Shannon v. Jacobowitz, 394 F.3d 90 (2d Cir. 2005).published
- Minnesota Voters All. v. Ritchie, 890 F. Supp. 2d 1106 (D. Minn. 2012).published
- Soules v. Kauaians for Nukolii Campaign Comm., 849 F.2d 1176 (9th Cir. 1988).published
- United States v. de Aguilar, 871 F.2d 1436 (9th Cir. 1989).published
- United States v. Aguilar, 883 F.2d 662 (9th Cir. 1989).published
- Elizabeth B. Duncan v. David B. Poythress, 657 F.2d 691 (5th Cir. 1981).published
At page 865 Irreparable errors in election administration are inevitable5 citing caseslack of intent to violate plaintiffs’ constitutional rights would not necessarily be a defense if the defendants should have known that their conduct would have that effect
- Williams v. Sclafani, 444 F. Supp. 906 (S.D.N.Y. 1978).published (lack of intent to violate plaintiffs’ constitutional rights would not necessarily be a defense if the defendants should have known that their conduct would have that effect)
- Raila v. The Cook Cnty. Officers Electoral Bd. & its Members, No. 1:19-cv-07580, 2021 WL 5179913 (N.D. Ill. Nov. 8, 2021). Hennings v. Grafton, 523 F.2d 861, 863 (7th Cir. 1975).
- Hutchinson v. Miller, 797 F.2d 1279 (4th Cir. 1986).published
- White-Battle v. Democratic Party of Virginia, 323 F. Supp. 2d 696 (E.D. Va. 2004).published
At page 863 Allegations of voting rights violations and election irregularities3 citing cases“inaccurate tabulation of votes and 'arbitrary' action by the defendant county clerk as chief election official, all stemming directly or indirectly from the malfunctioning of electronic voting devices that were being used for the first time”
- Raila v. The Cook Cnty. Officers Electoral Bd. & its Members, No. 1:19-cv-07580, 2021 WL 5179913 (N.D. Ill. Nov. 8, 2021). Hennings v. Grafton, 523 F.2d 861, 863 (7th Cir. 1975).
- Lloyd T. Griffin v. Robert F. Burns, Etc., Thomas A. McCormick, 570 F.2d 1065 (1st Cir. 1978).publishedJudge Tone made clear the panel’s belief “that the Constitution protects the right of all qualified *1077 citizens to vote in state and federal elections and to have their votes counted without debasement or dilution.” Id. at 863-64 (Citat…
- Donohue v. Bd. of Elections of State of NY, 435 F. Supp. 957 (E.D.N.Y. 1976).publishedSee Hadley v. Junior College District of Metropolitan Kansas City, 397 U.S. 50, 52 , 90 S.Ct. 791, 793 , 25 L.Ed.2d 45 (1970); South v. Peters, 339 U.S. 276, 279 , 70 S.Ct. 641, 643 , 94 L.Ed. 834 (1950) (Douglas, J., dissenting); Hennings…
v.
Harry GRAFTON, in Capacity as County Clerk, Et Al., Defendants-Appellees
In this class action brought under 42 U.S.C. § 1983 on behalf of all voters of Coles County, Illinois, plaintiffs-appellants seek equitable relief requiring that the 1974 election for county offices be reconducted because of alleged irregularities. The District Court, after a trial, denied relief. We affirm.
The suit was filed by six residents and voters of the county three weeks after the November 5, 1974, general election.[*863] Named as defendants in their official capacities were the county clerk, county sheriff, state’s attorney, county treasurer and members of the county board. Also named, individually, were the newly elected clerk, state’s attorney and county board members. The complaint alleged inaccurate tabulation of votes and “arbitrary” action by the defendant county clerk as chief election official, all stemming directly or indirectly from the malfunctioning of electronic voting devices that were being used for the first time. On notice after hearing, the District Court granted a temporary restraining order prohibiting the newly elected candidates from assuming office. This order was continued in force by agreement of the parties while the court proceeded directly to trial on the merits. The court filed a memorandum opinion and order deciding the issues in favor of defendants on December 27, 1974, and entered judgment accordingly on January 15, 1975.
The electronic voting devices were used in the election pursuant to the voting-machine requirement of state law. The system the defendant election officials chose was one that had never been used in any election, and its performance was less than satisfactory. Although it had been approved by the State Board of Elections, plaintiffs contend that it did not meet state requirements. Mechanical and other operating difficulties of various degrees of seriousness occurred at many of the 50 precincts, and there was uncontested evidence that a number of the machines failed to record votes properly. In addition, according to plaintiffs’ allegations, election officials failed to provide paper ballots as a substitute, which caused the occurrence of long waiting lines; failed to exercise proper supervisory oversight in checking access to the machines and preserving the results of the election;- and refused to conduct a statutory retabulation to determine the cause of these discrepancies. Plaintiffs alleged that as a result of the misfeasance of these officials, plaintiffs were deprived of their constitutionally secured rights to vote and to have their votes accurately recorded.
The District Court made a number of findings of fact, which we hold are not clearly erroneous. In particular, the court found that even giving the losing candidates credit for the votes concededly unrecorded, the election results would not have changed in any race except that of sheriff, and only there if the loser had obtained unlikely percentages. The court placed some weight on that fact in reaching its decision. The court also found that the plaintiffs failed to prove their allegation that persons were denied the right to vote because of long lines. No specific findings were made with respect to the plaintiffs’ claims of unauthorized access to the machines and the failure to seal the election results, but no evidence of manipulation was introduced, and one of the defendants testified that the magnetic tapes on which the results from each machine were recorded were still available at time of trial. There was also unrebutted evidence that voters were allowed to vote a second time at some polling places where it was discovered that one of the voting devices had failed to record votes; plaintiffs claimed impropriety in those cases where the election judges were without personal knowledge as to which of two or more devices in a polling place the voter had used. The District Court denied plaintiffs’ offer of proof that paper ballots, where their use was authorized by the defendant county clerk, were authorized in precincts on the basis of likely party preference.
The primary issue presented for our consideration is whether the facts, as found by the District Court or, where there were no findings, as shown by the evidence, establish a constitutional deprivation cognizable under section 1983. The starting point for analysis is a recognition that the Constitution protects the right of all qualified citizens to vote in state and federal elections, Reynolds v. Sims, 377 U.S. 533, 554, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964), and to have their votes counted without debasement or di[*864] lution, Hadley v. Junior College District of Metropolitan Kansas City, 397 U.S. 50, 52, 90 S.Ct. 791, 25 L.Ed.2d 45 (1970). It is no answer to the charges made here that state law could provide the relief sought. McNeese v. Board of Education, 373 U.S. 668, 670-671, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963); Monroe v. Pape, 365 U.S. 167, 183, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). Similarly, the fact that political issues are involved does not, in itself, provide a reason for abstaining. See Smith v. Cherry, 489 F.2d 1098, 1101 (7th Cir. 1973), cert. denied, 417 U.S. 910, 94 S.Ct. 2607, 41 L.Ed.2d 214 (1974) (citing cases). And, the lack of intent to violate the plaintiffs’ constitutional rights would not necessarily be a defense if the defendants should have known that their conduct would have that effect. Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 1001, 43 L.Ed.2d 214 (1975).
It is not every election irregularity, however, which will give rise to a constitutional claim and an action under section 1983. Mere violation of a state statute by an election official, for example, will not. See Snowden v. Hughes, 321 U.S. 1, 11, 64 S.Ct. 397, 88 L.Ed. 497 (1944). Infringements of voting rights found to have risen to a constitutional level include dilution, of votes by reason of malapportioned voting districts or weighted voting systems, Reynolds v. Sims, supra, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506; Gray v. Sanders, 372 U.S. 368, 83 S.Ct. 801, 9 L.Ed.2d 821 (1963); Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962); purposeful or systematic discrimination against voters of a certain class, Carrington v. Rash, 380 U.S. 89, 85 S.Ct. 775, 13 L.Ed.2d 675 (1965); United States v. Raines, 362 U.S. 17, 80 S.Ct. 519, 4 L.Ed.2d 524 (1960), geographic area, Moore v. Ogilvie, 394 U.S. 814, 89 S.Ct. 1493, 23 L.Ed.2d 1 (1969); Communist Party of Illinois v. State Board of Elections, 518 F.2d 517 (7th Cir. 1975), or political affiliation, Shakman v. Democratic Organization of Cook County, 435 F.2d 267 (7th Cir. 1970); election frauds, United States v. Saylor, 322 U.S. 385, 64 S.Ct. 1101, 88 L.Ed. 1341 (1944); United States v. Classic, 313 U.S. 299, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941); and other wilful conduct which undermines the organic processes by which candidates are elected, Smith v. Cherry, supra, 489 F.2d 1098 (placing bogus candidate on primary ballot); Briscoe v. Kusper, 435 F.2d 1046 (7th Cir. 1970) (failure to give notice to prospective candidates of new and rigorous standards for ballot placement and denial of access to disqualified petitions).
In contrast, the record here shows at most irregularities caused by mechanical or human error and lacking in invidious or fraudulent intent; it does not show conduct which is discriminatory by reason of its effect or inherent nature. Voting device malfunction, the failure of election officials to take statutorily prescribed steps to diminish what was at most a theoretical possibility that the devices might be tampered with, and the refusal of those officials after the election to conduct a retabulation, assuming these events to have occurred, fall far short of constitutional infractions, absent aggravating circumstances of fraud or other wilful conduct found not to exist by the District Court and not shown by any evidence offered. Similarly, allowing voters to vote a second time in precincts where the voting devices broke down without establishing procedures to assure that their previous votes had not in fact been registered, assuming this occurred, was of course not an adequate discharge by election officials of their responsibilities, but it did not rise to the level of a constitutional violation.
Plaintiffs’ claim that such long lines existed at polling places where voting machines malfunctioned that voters were denied the opportunity to cast ballots, even considering this to be a constitutional deprivation, was found by the District Court to be without substance. Plaintiffs’ offer to prove that when machines malfunctioned paper ballots were furnished only in precincts where voters were believed to favor particular candidates was of such a nonspecific and conclusory nature that it was properly excluded by the District Court. Moreover,[*865] that court’s finding that plaintiffs had failed to prove their allegations that persons were denied the right to vote because of long lines makes the offered evidence irrelevant.
Except for the overall supervision of the county clerk, or his counterpart, and appointed subordinates, the work of conducting elections in our society is typically carried on by volunteers and recruits for whom it is at most an avocation and whose experience and intelligence vary widely. Given these conditions, errors and irregularities, including the kind of conduct proved here, are inevitable, and no constitutional guarantee exists to remedy them. Pettengill v. Putnam County R —1 School Dist., 472 F.2d 121 (8th Cir. 1973); Powell v. Power, 436 F.2d 84 (2d Cir. 1970); see also Means v. Wilson, 383 F.Supp. 378 (D.S.D.1974). Rather, state election laws must be relied upon to provide the proper remedy. See Ill.Rev.Stat. ch. 46, §§ 23-1 to 23-30 (1973).
For these reasons, then, plaintiffs have failed to establish a claim under 42 U.S.C. § 1983, and the judgment of the District Court denying relief must therefore be affirmed.
Affirmed.