Case: U.S. v. Jackson

3:93-cv-00124 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 3, 1993

Closed Date: 1994

Clearinghouse coding complete

Case Summary

An indictment was entered against Hershel Jackson, an Arkansas corrections officer, charging a violation of 18 U.S.C § 242 sometime prior to 1956. The elements of a crime under Section 242 are (1) action taken under color of state law, (2) willfully to subject to the deprivation of rights protected by the Constitution of, (3) an inhabitant of any State. Defendant was charged with beating James Anderson, a prisoner, with a stick or a club for the purposes of punishing him. The defendant argue…

An indictment was entered against Hershel Jackson, an Arkansas corrections officer, charging a violation of 18 U.S.C § 242 sometime prior to 1956. The elements of a crime under Section 242 are (1) action taken under color of state law, (2) willfully to subject to the deprivation of rights protected by the Constitution of, (3) an inhabitant of any State. Defendant was charged with beating James Anderson, a prisoner, with a stick or a club for the purposes of punishing him. The defendant argued that there was no federal jurisdiction over the rights in question and that Jackson's actions were not under the color of state law. The United States District Court for the Eastern District of Arkansas (Judge Thomas C. Trimble) dismissed the indictment on the ground that it did not state an offense against the United States. The opinion of the district court is not available.

The government appealed. On August 7, 1956, the Court of Appeals for the Eighth Circuit (Judge Joseph William Woodrough) reversed, holding that the indictment included each element of the offense. United States v. Jackson, 235 F.2d 925 (8th Cir. 1956). Jackson was acting under the color of the laws of Arkansas and deprived Anderson of his Constitutional rights. The court noted that even though Anderson was a convict he did not cease to be an inhabitant of the State of Arkansas nor to be protected by the Fourteenth Amendment.

Summary Authors

Angela Heverling (3/20/2006)

People


Judge(s)

Woodrough, Joseph William (Nebraska)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Caldwell, Arthur B. (District of Columbia)

Cobb, Osro (Arkansas)

Hubbard, Maceo W. (District of Columbia)

Stripling, Clarence Daniel (Arkansas)

Attorneys(s) for Defendant

Gregory, W. H. (Arkansas)

King, V. James Jr. (Arkansas)

Olney, Warren III (District of Columbia)

Judge(s)

Woodrough, Joseph William (Nebraska)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Caldwell, Arthur B. (District of Columbia)

Cobb, Osro (Arkansas)

Hubbard, Maceo W. (District of Columbia)

Stripling, Clarence Daniel (Arkansas)

Attorneys(s) for Defendant

Gregory, W. H. (Arkansas)

King, V. James Jr. (Arkansas)

Olney, Warren III (District of Columbia)

Documents in the Clearinghouse

Document

3:93-cv-00124

Docket

U.S.v. Jackson

Feb. 14, 1994

Feb. 14, 1994

Docket

15459

Published Opinion

U.S.v. Jackson

U. S. Court of Appeals for the Eighth Circuit

235 F.2d 925, 1956 U.S.App.LEXIS 3959

Aug. 7, 1956

Aug. 7, 1956

Order/Opinion

Resources

Docket

Last updated June 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) and returned to attorney for service (jct) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

2

MEMO TO FILE by pltf reflecting service will be attempted by regular mail (jct) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

3

ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by defendant Randolph Cty Medical on 5/8/93 (jct) (Entered: 05/12/1993)

May 12, 1993

May 12, 1993

4

ANSWER by defendant Planters Stockman Bk (mkf) (Entered: 05/26/1993)

May 26, 1993

May 26, 1993

5

ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by defendant Hershel Jackson on 5/15/93 (jct) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

6

RETURN OF SERVICE unexecuted - attempted by U S Marshal as to deft Eugenio Dominquez (jct) (Entered: 08/02/1993)

July 29, 1993

July 29, 1993

7

RETURN OF SERVICE unexecuted - attempted by U S Marshal as to deft Terri Dominquez (jct) (Entered: 08/02/1993)

July 29, 1993

July 29, 1993

8

MOTION by plaintiff USA for service by publication (mkf) (Entered: 08/11/1993)

Aug. 11, 1993

Aug. 11, 1993

9

ORDER by Judge Susan W. Wright granting pltf's motion for service by publication [8-1] on dfts Terri Dominquez and Eugenio Dominquez (cc: all counsel) (mkf) (Entered: 08/11/1993)

Aug. 11, 1993

Aug. 11, 1993

10

SERVICE by publication upon defts Terri Dominquez & Eugenio Dominquez on 9/30/93 by publication in the "Pocahontas Star Herald" (jct) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

11

MOTION by plaintiff USA for default judgment against Hershel Jackson, Terri Dominquez, Randolph Cty Medical, Eugenio Dominquez (mkf) (Entered: 11/05/1993)

Nov. 5, 1993

Nov. 5, 1993

12

CLERK'S DEFAULT (M. Fugate) entered as to defendants Hershel Jackson, Terri Dominquez, Randolph Cty Medical, Eugenio Dominquez (cc: all counsel) (mkf) (Entered: 11/05/1993)

Nov. 5, 1993

Nov. 5, 1993

13

JUDGMENT: by Judge Susan W. Wright granting motion for dflt jgm against Hershel Jackson, Terri Dominquez, Randolph Cty Medical, Eugenio Dominquez [11-1]; jgm in favor of pltf in rem for $21,264.13 principal, plus interest & other charges; no personal jgm is rendered; surplus funds from sale of property to be paid to Planters & Stockman Bank to extent of indebtedness owed to it; terminating case EOD: 11/17/93 (cc: all counsel) (jct) (Entered: 11/17/1993)

Nov. 17, 1993

Nov. 17, 1993

14

PROOF OF PUBLICATION of Notice of Sale in "Pocahontas Star Herald" reflecting date of sale as 1/12/94 at Randolph Cty Courthouse in Pocahontas (jct) (Entered: 01/05/1994)

Jan. 5, 1994

Jan. 5, 1994

15

U.S. MARSHAL'S report of sale by pltf USA reflecting the property was sold to Farmers Home Administration for the amount of $26,000 (jct) (Entered: 02/02/1994)

Feb. 2, 1994

Feb. 2, 1994

16

ORDER by Judge Susan W. Wright confirming marshal's sale of the subject property to FHA for the amount of $26,000 (cc: all counsel) (jct) (Entered: 02/02/1994)

Feb. 2, 1994

Feb. 2, 1994

17

ORDER by Judge Susan W. Wright approving marshal's deed w/copy of deed to Farmers Home Administration attached (cc: all counsel) (jct) (Entered: 02/14/1994)

Feb. 14, 1994

Feb. 14, 1994

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 3, 1993

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States (criminal prosecution)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Individual officer, Arkansas Dept. of Corrections, State

Case Details

Causes of Action:

Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Order Duration: 1956 - 0

Issues

General:

Assault/abuse by staff

Type of Facility:

Government-run