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Cawley v. Swearer

United States Court of Appeals for the Sixth Circuit

June 20, 1991, Filed

No. 90-1981

Opinion

This is an appeal from a dismissal of a pro se plaintiffs 24-count complaint involving the Lanham Act, 15 U.S.C. § 1125(a), the Copyright Act, 17 U.S.C. §§ 101 et seq., the Federal Tort Claims Act, 28 U.S.C. § 2674, and various alleged state-law torts. Although we agree that dismissal was appropriate, we shall direct that changes be made with respect to the grounds for dismissal of certain counts.

The case arose out of Plaintiff Jerry P. Cawley's work as a graduate research assistant at the University of Michigan between 1978 and 1981. Under the supervision of Dr. Thomas Anton, Mr. Cawley conducted research on the spending patterns [*2]  of various units of government. Portions of this research found their way into essays published under Dr. Anton's name. One such essay was included in a book entitled Cities Under Stress: The Fiscal Crisis of Urban America. Mr. Cawley was named as a co-author of the Cities Under Stress essay. A second essay appeared as a chapter in a book entitled Public Sector Performance: A Conceptual Turning Point. Mr. Cawley was not named as an author of the Public Sector Performance essay.

After the publication of Cities Under Stress, Mr. Cawley concluded that there were inaccuracies in contributions that another research assistant had made to the essay. Mr. Cawley brought his concerns to Dr. Anton, the University of Michigan, and the National Science Foundation. The Foundation, which had provided funds for Dr. Anton's work, investigated and determined that all errors had been corrected.

On January 5, 1987, Mr. Cawley filed suit against Dr. Anton and others in federal district court. The first nine counts of the complaint alleged violations of federal and state law by reason of the failure to name Cawley as an author of the Public Sector Performance essay. The second nine  [*3]  counts alleged violations of federal and state law by reason of the naming of Cawley as a co-author of the Cities Under Stress essay. Counts XIX and XX challenged the constitutionality of the Copyright Act and the University of Michigan's copyright policies. The final four counts accused the National Science Foundation of an unconstitutional taking and various common law torts, including the tort of "psychic eavesdropping."

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1991 U.S. App. LEXIS 13536 *; Copy. L. Rep. (CCH) P26,750

JERRY P. CAWLEY, Plaintiff-Appellant, v. HOWARD SWEARER, et al., Defendants-Appellees

Notice:  [*1]  NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 24 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE RULE 24 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED.

Subsequent History:  Reported as Table Case at 936 F.2d 572, 1991 U.S. App. LEXIS 19971.

Prior History: On Appeal from the United States District Court for the Eastern District of Michigan; District No. 87-70017; Paul V. Gadola, District Judge.

CORE TERMS

Counts, district court, unfair competition, state court, judicata

Civil Procedure, Subject Matter Jurisdiction, Jurisdiction Over Actions, Exclusive Jurisdiction, Jurisdiction, General Overview, Judgments, Preclusion of Judgments, Full Faith & Credit, Full Faith & Credit Statutes, Res Judicata, Copyright Law, Civil Infringement Actions, Elements, Presumptions, Antitrust & Trade Law, Regulated Practices, Trade Practices & Unfair Competition, Constitutional Law, Freedom of Speech, Free Press, Torts, Intentional Torts, Defamation, Libel, Invasion of Privacy, Intrusions, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Appropriation, Elements, Dismissal, Involuntary Dismissals, Failure to State Claims, Bill of Rights, Fundamental Rights, Eminent Domain & Takings, Constitutional Copyright Protections, Federal & State Law Interrelationships, Federal Preemption, Copyright Infringement Actions, Registration Requirement