University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Talley v. Stephens PC-AR-0007
Docket / Court 65-C-33 ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Prison Conditions
Case Summary
Three inmates of 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 plaintiffs alleged that they had been unconstitutionally subjected to cruel and unusual ... read more >
Three inmates of 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 plaintiffs alleged that they had been unconstitutionally subjected to cruel and unusual corporal punishment by prison guards and that they had been unconstitutionally denied access to courts for redress of their grievances.

On November 15, 1965, the U.S. District Court for the Eastern District of Arkansas (Judge Jesse S. Henley) enjoined the defendants from using corporal punishment on prisoners until adequate safeguards had been established, and he permanently enjoined the defendants from intimidation or other interference with inmate access to courts. Talley v. Stephens, 247 F.Supp. 683 (E.D.Ark. 1965).

Kristen Sagar - 06/20/2007
Jessica Kincaid - 03/15/2015


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Assault/abuse by staff
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Arkansas Department of Corrections
Plaintiff Description Prisoners alleging the practices of the penitentiary superintendent violate prisoners' constitutional rights
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted No
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 1965 - 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
Reported Opinion 11/15/1965 (247 F.Supp. 683) (E.D. Ark.)
PC-AR-0007-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Henley, Jesse Smith (E.D. Ark., W.D. Ark., Eighth Circuit)
PC-AR-0007-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bullion, Bruce T. (Arkansas)
PC-AR-0007-0001
Ramsay, Louis L. Jr. (Arkansas)
PC-AR-0007-0001
Defendant's Lawyers Bennett, Bruce (Arkansas)
PC-AR-0007-0001
Jackson, Fletcher (Arkansas)
PC-AR-0007-0001
Wallin, R. E. (Arkansas)
PC-AR-0007-0001
Other Lawyers None on record

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