Thelton Henderson
Encyclopedia
Thelton Eugene Henderson (born November 28, 1933, Shreveport, Louisiana
) is currently a federal judge
in the Northern District of California
. He has played an important role in the field of civil rights as a lawyer, educator, and jurist.
. In 1962, he became the Justice Department
's first African-American lawyer in the Civil Rights Division
. He was sent to the South to monitor local law enforcement for any civil rights abuses, a role that included investigating the 1963 16th Street Baptist Church bombing
which killed four girls. In this capacity he became acquainted with Martin Luther King and other leaders of the Civil Rights Movement
, after winning over their initial skepticism of a government attorney.
After a stint in private practice, he served as director of a Legal Aid Society of San Mateo County office in East Palo Alto, California
. In 1969, he became assistant dean at Stanford Law School
, where he established the minority recruiting program and helped diversify the student body, and assisted in creating Stanford's clinical program. During this time, he also served as consultant to the U.S. Commission on Civil Rights, Office of Economic Opportunity
, Carnegie Corporation, and Ford Foundation
. In 1977, he left Stanford to form a law firm which specialized in civil rights, civil liberties and other issues of constitutional law, and also was a law professor at Golden Gate University
.
as U.S. District Court Judge. From 1990 to 1997, Henderson served as Chief Judge for the Northern District of California. Since 1998, he has served as Senior Judge.
In the late 1980s, Henderson presided over a long-running case over the fishing industry's practice of snaring dolphins in its tuna nets. Environmental groups charged that millions of dolphins had drowned because of the industry's refusal to follow existing safety regulations. He
also rejected attempts by the Clinton and Bush administrations to relax legal standards on fishing practices and loosen dolphin safe label
ing on tuna.
In 1982 Henderson overturned the conviction of Johnny Spain, the only member of The San Quentin Six
convicted of murder
for the deaths of three California Correctional Peace Officers and two inmates in a riot
and escape attempt led by Black Panther Party
member and Black Guerilla Family founder George Jackson
.
In a landmark 1995 civil rights case, Madrid v. Gomez, Henderson found the use of force and level of medical care at the notorious Pelican Bay State Prison
unconstitutional. During its subsequent federal oversight process, Henderson was known to visit the prison personally.
In a 1997 decision, he struck down Proposition 209, the anti-affirmative action California initiative, as unconstitutional. He was criticized by many supporters of Proposition 209, and the next year a three-judge Court of Appeals panel overturned his decision.
In 2005, Henderson found that substandard medical care in the California prison system had violated prisoners' rights under the Eighth Amendment to the United States Constitution
to be protected from cruel and unusual punishment
and had led to unnecessary deaths in California prisons. In 2006 he appointed Robert Sillen as receiver to take over the health care system of the California Department of Corrections and Rehabilitation
; he replaced Sillen with J. Clark Kelso in 2008.
In addition to his official work, he went to South Africa in 1985 with fellow judge Leon Higginbotham
as a judicial observer and guest of the nation's black lawyers association. While there he was briefly detained and interrogated by white policemen.
's Bernard Witkin Medal, the Pearlstein Civil Rights Award from the Anti-Defamation League
, the Distinguished Service Award by the National Bar Association
, the Lewis F. Powell, Jr. Award for Professionalism and Ethics from the American Inns of Court, the Judge Learned Hand Award from the American Jewish Committee
and the 2008 Alumnus of the Year Award from the California Alumni Association at the University of California, Berkeley.
Additionally, the Thelton E. Henderson Center for Social Justice at Boalt Hall is named for him.
A documentary on his life, Soul of Justice by Abby Ginzberg
, was released in late 2005.
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....
) is currently a federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
in the Northern District of California
United States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
. He has played an important role in the field of civil rights as a lawyer, educator, and jurist.
Career
Henderson received both his undergraduate and law degrees from University of California, BerkeleyUniversity of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
. In 1962, he became the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
's first African-American lawyer in the Civil Rights Division
United States Department of Justice Civil Rights Division
The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. The Division was established on December 9, 1957, by...
. He was sent to the South to monitor local law enforcement for any civil rights abuses, a role that included investigating the 1963 16th Street Baptist Church bombing
16th Street Baptist Church bombing
The 16th Street Baptist Church in Birmingham, Alabama was bombed on Sunday, September 15, 1963. The explosion at the African-American church, which killed four girls, marked a turning point in the U.S...
which killed four girls. In this capacity he became acquainted with Martin Luther King and other leaders of the Civil Rights Movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
, after winning over their initial skepticism of a government attorney.
After a stint in private practice, he served as director of a Legal Aid Society of San Mateo County office in East Palo Alto, California
East Palo Alto, California
East Palo Alto is a city in San Mateo County, California, United States.-Overview:As of the 2010 census, the population of East Palo Alto was 28,155. It is situated on the San Francisco Peninsula, roughly halfway between the cities of San Francisco and San Jose...
. In 1969, he became assistant dean at Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
, where he established the minority recruiting program and helped diversify the student body, and assisted in creating Stanford's clinical program. During this time, he also served as consultant to the U.S. Commission on Civil Rights, Office of Economic Opportunity
Office of Economic Opportunity
The Office of Economic Opportunity was the agency responsible for administering most of the War on Poverty programs created as part of United States President Lyndon B. Johnson's Great Society legislative agenda.- History :...
, Carnegie Corporation, and Ford Foundation
Ford Foundation
The Ford Foundation is a private foundation incorporated in Michigan and based in New York City created to fund programs that were chartered in 1936 by Edsel Ford and Henry Ford....
. In 1977, he left Stanford to form a law firm which specialized in civil rights, civil liberties and other issues of constitutional law, and also was a law professor at Golden Gate University
Golden Gate University
Golden Gate University is a private, nonsectarian, coeducational university located in the South of Market district, immediately south of the Financial District of downtown San Francisco, California...
.
Federal service
In June 1980, he was appointed by President Jimmy CarterJimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
as U.S. District Court Judge. From 1990 to 1997, Henderson served as Chief Judge for the Northern District of California. Since 1998, he has served as Senior Judge.
In the late 1980s, Henderson presided over a long-running case over the fishing industry's practice of snaring dolphins in its tuna nets. Environmental groups charged that millions of dolphins had drowned because of the industry's refusal to follow existing safety regulations. He
also rejected attempts by the Clinton and Bush administrations to relax legal standards on fishing practices and loosen dolphin safe label
Dolphin safe label
There are various dolphin safe labels used for canned tuna to imply that the fish has been caught without harming or killing dolphins. However, because there are various labels used, there are also various restrictions imposed on the capture of tuna in order for it to deserve the related dolphin...
ing on tuna.
In 1982 Henderson overturned the conviction of Johnny Spain, the only member of The San Quentin Six
San Quentin Six
The San Quentin Six were a group of six inmates at San Quentin State Prison in California who were accused of participating in an August 21, 1971 escape attempt that left six people dead, including George Jackson, founder of the Black Guerrilla Family prison gang...
convicted 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...
for the deaths of three California Correctional Peace Officers and two inmates in a riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
and escape attempt led by Black Panther Party
Black Panther Party
The Black Panther Party wasan African-American revolutionary leftist organization. It was active in the United States from 1966 until 1982....
member and Black Guerilla Family founder George Jackson
George Jackson
- People :* George Jackson , American MLB player from 1911–1913* George Jackson , U.S. Black Panther, prisoner, and author* George Jackson , English botanist...
.
In a landmark 1995 civil rights case, Madrid v. Gomez, Henderson found the use of force and level of medical care at the notorious Pelican Bay State Prison
Pelican Bay State Prison
Pelican Bay State Prison is a supermax California Department of Corrections and Rehabilitation state prison near Crescent City in unincorporated Del Norte County, California. The facility is explicitly designed to keep California’s alleged “worst of the worst” prisoners in long-term solitary...
unconstitutional. During its subsequent federal oversight process, Henderson was known to visit the prison personally.
In a 1997 decision, he struck down Proposition 209, the anti-affirmative action California initiative, as unconstitutional. He was criticized by many supporters of Proposition 209, and the next year a three-judge Court of Appeals panel overturned his decision.
In 2005, Henderson found that substandard medical care in the California prison system had violated prisoners' rights under the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
to be protected from cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
and had led to unnecessary deaths in California prisons. In 2006 he appointed Robert Sillen as receiver to take over the health care system of the California Department of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation
The California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
; he replaced Sillen with J. Clark Kelso in 2008.
In addition to his official work, he went to South Africa in 1985 with fellow judge Leon Higginbotham
Aloyisus Leon Higginbotham, Jr.
Aloyisus Leon Higginbotham, Jr. was a prominent African American civil rights advocate, author, and federal appeals court judge. Higginbotham was the seventh African American Article III judge appointed in the United States, and the first African American judge on the United States District Court...
as a judicial observer and guest of the nation's black lawyers association. While there he was briefly detained and interrogated by white policemen.
Honors and Recognition
Among his awards are the State Bar of CaliforniaState Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...
's Bernard Witkin Medal, the Pearlstein Civil Rights Award from the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
, the Distinguished Service Award by the National Bar Association
National Bar Association
The National Bar Association was established in 1925 as the "Negro Bar Association" after Gertrude Rush, George H. Woodson, S. Joe Brown, James B. Morris, and Charles P. Howard, Sr. were denied membership in the American Bar Association. It represents the interests of African-American attorneys in...
, the Lewis F. Powell, Jr. Award for Professionalism and Ethics from the American Inns of Court, the Judge Learned Hand Award from the American Jewish Committee
American Jewish Committee
The American Jewish Committee was "founded in 1906 with the aim of rallying all sections of American Jewry to defend the rights of Jews all over the world...
and the 2008 Alumnus of the Year Award from the California Alumni Association at the University of California, Berkeley.
Additionally, the Thelton E. Henderson Center for Social Justice at Boalt Hall is named for him.
A documentary on his life, Soul of Justice by Abby Ginzberg
Abby Ginzberg
Abby Ginzberg has been an independent documentary film director and producer for the past 20 years, creating films that tackle discrimination and the legal profession. She recently completed the documentary, Soul of Justice: Thelton Henderon's American Journey, which focused on federal district...
, was released in late 2005.
External links
- Brief biography and important cases
- San Francisco Chronicle article
- Soul of Justice: Thelton Henderson's American Journey
- Soul of Justice: Thelton Henderson's American Journey distributed by California Newsreel
- Winner of the 2008 Alumnus of the Year Award from the California Alumni Association
- Thelton E. Henderson Center for Social Justice