Case: Jackson v. Bishop

66-00064 | U.S. District Court for the Eastern District of Arkansas

Filed Date: 1966

Clearinghouse coding complete

Case Summary

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) enj…

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).

Summary Authors

Kristen Sagar (3/14/2006)

People


Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Harris, Oren (Arkansas)

Young, Gordon Elmo (Arkansas)

Attorneys(s) for Plaintiff

Arnold, William S. (Arkansas)

Wright, Edward L. (Arkansas)

Attorneys(s) for Defendant

Langston, Don (Arkansas)

Purcell, Joe (Arkansas)

Smith, Robert D. III (Arkansas)

Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Harris, Oren (Arkansas)

Young, Gordon Elmo (Arkansas)

Attorneys(s) for Plaintiff

Arnold, William S. (Arkansas)

Wright, Edward L. (Arkansas)

Attorneys(s) for Defendant

Langston, Don (Arkansas)

Purcell, Joe (Arkansas)

Smith, Robert D. III (Arkansas)

Documents in the Clearinghouse

Document

Memorandum Opinion

268 F.Supp. 804, 1967 U.S.Dist.LEXIS 8276

June 3, 1967 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

404 F.2d 571, 1968 U.S.App.LEXIS 4564

Dec. 9, 1968 Order/Opinion

Resources

Title Description External URL

Judicial Intervention in Correctional Institutions: The Arkansas Odyssey (1986)

Mary L. Parker

Jan. 1, 1986

Fugitive Freedoms: A Race, Politics & Black Culture Circuit Before Civil Rights

Thulani Davis

This study is an analysis of African American political formations from 1865 to 1900, work that embraced overlapping struggles for civil rights, labor needs, community services, and desires for belon… Jan. 1, 2014

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1966

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison inmates alleging cruel and unusual punishment

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas State Penitentiary, State

Arkansas Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1968 - 0

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Type of Facility:

Government-run