In re Neagle

SCOTUSCase
Litigants=In re Neagle
ArgueDateA=March 4
ArgueDateB=5
ArgueYear=1890
DecideDate=April 14
DecideYear=1890
FullName=In re David Neagle
USVol=135
USPage=1
Citation=10 S. Ct. 658; 34 L. Ed. 55; 1890 U.S. LEXIS 2006
Prior=Appeal from the Circuit Court of the United States for the Northern District of California
Subsequent=
Holding=Section 3 of Art. II of the U.S. Constitution requires that the Executive Branch "take care that the laws be faithfully executed." The court determined that the appointment of bodyguards to Supreme Court Justices ensured the faithful execution of the law of the United States. The court also relied on a statute granting marshals "the same powers, in executing the laws of the United States, as sheriffs and their deputies in such State may have, by law, in executing the laws thereof."
SCOTUS=1890-1891
Majority=Miller
JoinMajority=Bradley, Harlan, Gray, Blatchford, Brewer
Dissent=Lamar
JoinDissent=Fuller
NotParticipating=Field
LawsApplied=U.S. Const. Art. III, Sec. 788 of the Revised Statutes of the United States

"In re Neagle", 135 U.S. 1 (1890)ref|citation, 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.

Facts

U.S. Marshal David Neagle was appointed by the attorney general to serve as a bodyguard to Justice Stephen Field while he rode circuit in California. When 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."

ee also

*List of United States Supreme Court cases, volume 135

External links

* [http://www.oyez.org/oyez/resource/case/182/ In Re Neagle at oyez.org]