In re Neagle
Encyclopedia
In re Neagle, 135 U.S. 1
(1890), was a United States Supreme Court
decision that determined the question of whether the Attorney General of the United States had authority to appoint U.S. Marshals as bodyguards to Supreme Court Justices.
while he rode circuit in California
. David S. Terry
, a disappointed litigant with a grudge against Field, approached and appeared to be about to attack Field. Neagle shot and killed him. Neagle was arrested by California authorities on a charge of murder
. The United States
sought to secure the release of Neagle on a writ
of habeas corpus
. In the absence of a law specifically authorizing the appointment of bodyguards for Supreme Court Justices, the government relied on a statute that made the writ available to those "in custody for an act done or omitted in pursuance of a law of the United States."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1890), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that determined the question of whether the Attorney General of the United States had authority to appoint U.S. Marshals as bodyguards to Supreme Court Justices.
Facts
U.S. Marshal David Neagle was appointed by the attorney general to serve as a bodyguard to Justice Stephen FieldStephen Field
Professor Stephen P Field, FRCGP is a British doctor and general practitioner, former Chairman of the Royal College of General Practitioners and Chairman of the Department of Health's Inclusion Board. In 2011, the United Kingdom government appointed him to chair the NHS Future Forum formed to...
while he rode circuit in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. David S. Terry
David S. Terry
David Smith Terry was a California politician, who killed United States Senator David C. Broderick in the Broderick – Terry duel in 1859. He was then killed in 1889 by a bodyguard of United States Supreme Court Justice Stephen J. Field.-Biography:Terry was born in Christian County, Kentucky...
, a disappointed litigant with a grudge against Field, approached and appeared to be about to attack Field. Neagle shot and killed him. Neagle was arrested by California authorities on a charge of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
sought to secure the release of Neagle on a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. In the absence of a law specifically authorizing the appointment of bodyguards for Supreme Court Justices, the government relied on a statute that made the writ available to those "in custody for an act done or omitted in pursuance of a law of the United States."