Case: Jackson v. Bishop

66-00064 | U.S. District Court for the Eastern District of Arkansas

Filed Date: 1966

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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 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) enj…

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).

Summary Authors

Kristen Sagar (3/14/2006)

People


Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Harris, Oren (Arkansas)

Attorney for Plaintiff

Arnold, William S. (Arkansas)

Attorney for Defendant

Langston, Don (Arkansas)

Purcell, Joe (Arkansas)

Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Harris, Oren (Arkansas)

Young, Gordon Elmo (Arkansas)

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Documents in the Clearinghouse

Document

66-00099

66-00074

69-00024

Memorandum Opinion

June 3, 1967

June 3, 1967

Order/Opinion

268 F.Supp. 268

18957

18958

18959

Reported Opinion

U.S. Court of Appeals for the Eighth Circuit

Dec. 9, 1968

Dec. 9, 1968

Order/Opinion

404 F.2d 404

Resources

Docket

Last updated April 15, 2024, 3:05 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1966

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison inmates alleging cruel and unusual punishment

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas State Penitentiary, State

Arkansas Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1968 - 0

Issues

General:

Disciplinary procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Type of Facility:

Government-run