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 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.

show full summary

Summary Authors

Angela Heverling (3/20/2006)

People

Judge(s)

Attorney for Plaintiff

Caldwell, Arthur B. (District of Columbia)

Cobb, Osro (Arkansas)

Hubbard, Maceo W. (District of Columbia)

Attorney for Defendant

Gregory, W. H. (Arkansas)

King, V. James Jr. (Arkansas)

Judge(s)

Woodrough, Joseph William (Nebraska)

Wright, Susan Webber (Arkansas)

Attorney for Plaintiff

Caldwell, Arthur B. (District of Columbia)

Cobb, Osro (Arkansas)

Hubbard, Maceo W. (District of Columbia)

Stripling, Clarence Daniel (Arkansas)

Attorney for Defendant

Gregory, W. H. (Arkansas)

King, V. James Jr. (Arkansas)

Olney, Warren III (District of Columbia)

show all people

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	Aug. 7, 1956	Aug. 7, 1956 Order/Opinion 235 F.2d 925

show / hide documents

Docket

Last updated March 4, 2025, 8:06 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