Girish Mahajan (Editor)

In re Neagle

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Full case name
  
In re David Neagle

End date
  
1890

In re Neagle therealmrsciencenetuploads2719271955298570

Citations
  
135 U.S. 1 (more) 10 S. Ct. 658; 34 L. Ed. 55; 1890 U.S. LEXIS 2006

Prior history
  
Appeal from the Circuit Court of the United States for the Northern District of California

Majority
  
Miller, joined by Bradley, Harlan, Gray, Blatchford, Brewer

Dissent
  
Lamar, joined by Fuller

Similar
  
Myers v United States, Clinton v City of New York, United States v Curtiss‑W, Humphrey's Executor v United St, Youngstown Sheet & Tube Co

In re Neagle, 135 U.S. 1 (1890), is a United States Supreme Court decision holding that the Attorney General of the United States was authorized to appoint U.S. Marshals as bodyguards to federal judges.

Facts

U.S. Marshal David B. Neagle (1847-1925) was appointed by the United States Attorney General to serve as Justice Stephen J. Field's bodyguard while Field rode circuit in California. On 14 August 1889, David S. Terry approached Field inside the Lathrop, California train station in California's San Joaquin Valley. Terry, a former California Supreme Court justice, had a grudge with Field. Fearing Terry was about to attack Field, Neagle shot and killed Terry. Field and Neagle were arrested by the San Joaquin Sheriff, Thomas Cunningham. Cunningham later released Field on his own recognizance but took Neagle to jail.

The United States Attorney in San Francisco filed a writ of habeas corpus for Neagle's release. The circuit court issued the writ after a hearing and ordered Neagle's release. Sheriff Cunningham, with the aid of the State of California, appealed to the United States Supreme Court. In a 6-2 decision (Justice Field abstained), the Supreme Court affirmed the lower court. The decision was a significant expansion of executive authority because there was no specific law authorizing the President to provide protection to federal judges.

References

In re Neagle Wikipedia