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