LEFKOWITZ V. TURLEY
414 U.S. 70 (1973)
NATURE OF THE CASE: This is an appeal in a civil case based on a challenge to the
constitutionality of a New York statutes.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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