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

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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.

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)

Documents in the Clearinghouse

Documents in this case

3:93-cv-00124	Docket U.S.v. Jackson	Feb. 14, 1994	Feb. 14, 1994 Docket
56-15459	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

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Docket

Last updated March 23, 2025, 9:25 a.m.

ECF Number	Date	Description	Link
1	May 3, 1993	COMPLAINT (Summons(es) issued) and returned to attorney for service (jct) (Entered: 05/03/1993)	PACER
2	May 3, 1993	MEMO TO FILE by pltf reflecting service will be attempted by regular mail (jct) (Entered: 05/03/1993)	PACER
3	May 12, 1993	ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by defendant Randolph Cty Medical on 5/8/93 (jct) (Entered: 05/12/1993)	PACER
4	May 26, 1993	ANSWER by defendant Planters Stockman Bk (mkf) (Entered: 05/26/1993)	PACER
5	June 7, 1993	ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by defendant Hershel Jackson on 5/15/93 (jct) (Entered: 06/07/1993)	PACER
6	July 29, 1993	RETURN OF SERVICE unexecuted - attempted by U S Marshal as to deft Eugenio Dominquez (jct) (Entered: 08/02/1993)	PACER
7	July 29, 1993	RETURN OF SERVICE unexecuted - attempted by U S Marshal as to deft Terri Dominquez (jct) (Entered: 08/02/1993)	PACER
8	Aug. 11, 1993	MOTION by plaintiff USA for service by publication (mkf) (Entered: 08/11/1993)	PACER
9	Aug. 11, 1993	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)	PACER
10	Oct. 8, 1993	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)	PACER
11	Nov. 5, 1993	MOTION by plaintiff USA for default judgment against Hershel Jackson, Terri Dominquez, Randolph Cty Medical, Eugenio Dominquez (mkf) (Entered: 11/05/1993)	PACER
12	Nov. 5, 1993	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)	PACER
13	Nov. 17, 1993	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)	PACER
14	Jan. 5, 1994	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)	PACER
15	Feb. 2, 1994	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)	PACER
16	Feb. 2, 1994	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)	PACER
17	Feb. 14, 1994	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)	PACER