University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jackson v. Bishop PC-AR-0005
Docket / Court 66-C-64 ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Prison Conditions
Case Summary
Prisoners at the Arkansas State Penitentiary filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas. The prisoners alleged that their constitutional rights had been violated by cruel and unusual ... read more >
Prisoners at the Arkansas State Penitentiary filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas. The prisoners alleged that their constitutional rights had been violated by cruel and unusual punishment through the use of a strap or hide to whip inmates as a form of discipline.

On June 3, 1967, the U.S. District Court for the Eastern District of Arkansas (Judges Oren Harris and Gordon E. Young) enjoined the use of the strap in the state penitentiary until the prison administration could develop proper and adequate safeguards. Jackson v. Bishop, 268 F.Supp. 804 (E.D.Ark. 1967). The prisoners appealed this decision.

On December 9, 1968, the U.S. Court of Appeals for the 8th Circuit (Judge Harry A. Blackmun) vacated the district court's judgment and remanded the case, holding that since the strap was cruel, any use of it violated the constitutional prohibition on cruel and unusual punishment. Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968).

Kristen Sagar - 03/14/2006


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Issues and Causes of Action
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Issues
General
Assault/abuse by staff
Disciplinary procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Arkansas Department of Corrections
Arkansas State Penitentiary
Plaintiff Description Prison inmates alleging cruel and unusual punishment
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1968 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
No docket sheet currently in the collection
General Documents
Memorandum Opinion 06/03/1967 (268 F.Supp. 804) (E.D. Ark.)
PC-AR-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Reported Opinion 12/09/1968 (404 F.2d 571)
PC-AR-0005-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Blackmun, Harry Andrew (SCOTUS, Eighth Circuit)
PC-AR-0005-0002
Harris, Oren (W.D. Ark., E.D. Ark.)
PC-AR-0005-0001
Young, Gordon Elmo (E.D. Ark.)
PC-AR-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers Arnold, William S. (Arkansas)
PC-AR-0005-0001 | PC-AR-0005-0002
Wright, Edward L. (Arkansas)
PC-AR-0005-0001 | PC-AR-0005-0002
Defendant's Lawyers Langston, Don (Arkansas)
PC-AR-0005-0001 | PC-AR-0005-0002
Purcell, Joe (Arkansas)
PC-AR-0005-0001 | PC-AR-0005-0002
Smith, Robert D. III (Arkansas)
PC-AR-0005-0001 | PC-AR-0005-0002
Other Lawyers None on record

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