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Case Name U.S. v. Jackson PC-AR-0001
Docket / Court 3:93-cv-00124-SWW ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Prison Conditions
Case Summary
An indictment was entered against Hershel Jackson, an Arkansas corrections officer, charging a violation of 18 U.S.C § 242 sometime prior to 1956. The elements of a crime under Section 242 are (1) action taken under color of state law, (2) willfully to subject to the deprivation of rights ... read more >
An indictment was entered against Hershel Jackson, an Arkansas corrections officer, charging a violation of 18 U.S.C § 242 sometime prior to 1956. The elements of a crime under Section 242 are (1) action taken under color of state law, (2) willfully to subject to the deprivation of rights protected by the Constitution of, (3) an inhabitant of any State. Defendant was charged with beating James Anderson, a prisoner, with a stick or a club for the purposes of punishing him. The defendant argued that there was no federal jurisdiction over the rights in question and that Jackson's actions were not under the color of state law. The United States District Court for the Eastern District of Arkansas (Judge Thomas C. Trimble) dismissed the indictment on the ground that it did not state an offense against the United States. The opinion of the district court is not available.

The government appealed. On August 7, 1956, the Court of Appeals for the Eighth Circuit (Judge Joseph William Woodrough) reversed, holding that the indictment included each element of the offense. United States v. Jackson, 235 F.2d 925 (8th Cir. 1956). Jackson was acting under the color of the laws of Arkansas and deprived Anderson of his Constitutional rights. The court noted that even though Anderson was a convict he did not cease to be an inhabitant of the State of Arkansas nor to be protected by the Fourteenth Amendment.

Angela Heverling - 03/20/2006


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Issues and Causes of Action
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Issues
General
Assault/abuse by staff
Type of Facility
Government-run
Causes of Action Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242
Defendant(s) Individual officer, Arkansas Dept. of Corrections
Plaintiff Description United States (criminal prosecution)
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Criminal Conviction
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1956 - n/a
Case Closing Year 1994
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
93-00124 (E.D. Ark.) 02/14/1994
PC-AR-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Published Opinion 08/07/1956 (235 F.2d 925)
PC-AR-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Woodrough, Joseph William (Eighth Circuit, D. Neb.)
PC-AR-0001-0001
Wright, Susan Webber (W.D. Ark., FISC, E.D. Ark.)
PC-AR-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Caldwell, Arthur B. (District of Columbia)
PC-AR-0001-0001
Cobb, Osro (Arkansas)
PC-AR-0001-0001
Hubbard, Maceo W. (District of Columbia)
PC-AR-0001-0001
Olney, Warren III (District of Columbia)
PC-AR-0001-0001
Stripling, Clarence Daniel (Arkansas)
PC-AR-0001-9000
Defendant's Lawyers Gregory, W. H. (Arkansas)
PC-AR-0001-0001
King, V. James Jr. (Arkansas)
PC-AR-0001-9000
Other Lawyers None on record

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