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Case Name
Howerton v. Mississippi County
JC-AR-0007
Docket / Court
71-54 ( E.D. Ark. )
State/Territory
Arkansas
Case Type(s)
Jail Conditions
Case Summary
On September 29, 1971, former and present inmates of the Mississippi County (Arkansas) Penal Farm filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas, alleging that the county had violated their constitutional rights by requiring ...
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On September 29, 1971, former and present inmates of the Mississippi County (Arkansas) Penal Farm filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas, alleging that the county had violated their constitutional rights by requiring them to work in unsafe conditions, providing them inadequate medical care and clothing, maintaining unsanitary showering and kitchen facilities at the jail, and failing to protect them from assaults by other inmates. Plaintiffs alleged that the institution forced those sentenced for misdemeanors to work on public works projects for no pay.
On May 11, 1973, the District Court (Judge Garnett T. Eisele) denied the plaintiffs' constitutional claims and requests for declaratory and injunctive relief, dismissing the case. Howerton v. Mississippi County, 361 F. Supp. 356 (E.D.Ark. 1973). The court further held that working of misdemeanants without compensation on public projects was not unconstitutional and that a statute permitting contracts between counties to incarcerate and work convicts from other counties did not violate the Thirteenth Amendment. We have no further information on this case besides this published opinion.
David Terry - 04/25/2006
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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
General
Assault/abuse by residents/inmates/students
Bathing and hygiene
Personal injury
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Medical care, general
Medical care, unspecified
Type of Facility
Government-run
Causes of Action
42 U.S.C. § 1983
Case Details
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Defendant(s)
Mississippi County
Plaintiff Description
inmates of the Mississippi County (Arkansas) Penal Farm
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
Unknown
Prevailing Party
Defendant
Public Int. Lawyer
No
Nature of Relief
None
Source of Relief
None
Order Duration
1971 - 1973
Filed
09/29/1971
Case Closing Year
1973
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
No docket sheet currently in the collection
General Documents
E.D. Ark.
05/11/1973
Memorandum Opinion
(361 F.Supp. 356)
JC-AR-0007-0001.pdf
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Detail
Source: Google Scholar
People
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Judges
Eisele, Garnett Thomas
(E.D. Ark.)
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JC-AR-0007-0001
Plaintiff's Lawyers
Lee, Bill Lann
(District of Columbia)
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JC-AR-0007-0001
Lopez, Christy
(District of Columbia)
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JC-AR-0007-0001
Masling, Mark S.
(District of Columbia)
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JC-AR-0007-0001
Nelson, Mellie H.
(District of Columbia)
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JC-AR-0007-0001
Rosenbaum, Steven H.
(District of Columbia)
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JC-AR-0007-0001
Defendant's Lawyers
Pearson, Gerald
(Arkansas)
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JC-AR-0007-0001
Sudbury, Graham
(Arkansas)
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JC-AR-0007-0001
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