Evans v. United States Case Brief

Facts of the Case

“As part of an investigation of allegations of public corruption in Georgia, a Federal Bureau of Investigation agent posing as a real estate developer initiated a number of conversations with petitioner Evans, an elected member of the DeKalb County Board of Commissioners. The agent sought Evans’ assistance in an effort to rezone a tract of land and gave him $ 7,000 in cash, which Evans failed to report on his state campaign-financing disclosure form or his federal income tax return. In a subsequent prosecution by respondent United States, Evans was convicted in a federal district court of, among other things, extortion under the Hobbs Act, which was “the obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” In affirming the conviction Evans’ appeal, the court of appeals acknowledged that the district court’s jury instruction did not require a finding that Evans had demanded or requested the money, or that he had conditioned the performance of any official act upon its receipt. However, it held that “passive acceptance of the benefit” was sufficient for a Hobbs Act violation if the public official knew that he was being offered the payment in exchange for a specific requested exercise of his official power.”

Question

Does Title VI of the Civil Rights Act of 1964 provide a cause of action to enforce the Department of Justice’s regulation forbidding federal financial assistance recipients to utilize criteria or administrative methods that have the effect of subjecting individuals to discrimination based on race, color, or national origin?

CONCLUSION

0

Case Information

Citation: 504 US 255 (1992)
Argued: Dec 9, 1991
Decided: May 26, 1992
Case Brief: 1992