Lefkowitz v. Turley

414 U.S. 70 (1973)

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Nature of the Case

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Facts

New York statutes require public contracts to provide that if a contractor refuses to waive immunity or to answer questions when called to testify concerning his contracts with the State or any of its subdivisions, his existing contracts may be canceled and he shall be disqualified from further transactions with the State for five years. Turley (P) are two architects licensed by the State of New York. They were summoned to testify before a grand jury investigating various charges of conspiracy, bribery, and larceny. They were asked, but refused, to sign waivers of immunity, the effect of which would have been to waive their right not to be compelled in a criminal case to be a witness against themselves. They were then excused. The District Attorney notified various contracting authorities of Ps' conduct and called attention to the applicable disqualification statutes. Ps sued alleging that their existing contracts and future contracting privileges were threatened and that the statutory provisions were violative of the constitutional privilege against compelled self-incrimination. A three-judge District Court was convened and declared the four statutory provisions at issue unconstitutional under the Fourteenth and Fifth Amendments. The State appealed pursuant to 28 U.S.C. § 1253.