In re Neagle

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In Re Neagle

Supreme Court of the United States

Argued March 4, 1890
Decided April 14, 1890

Full case name:	In Re U.S. Marshall David Neagle
Citations:	135 U.S. 1, 10 S. Ct. 658, 34 L. Ed. 55 (1890) ---

Holding

Section 2 of Art. III 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."

Court membership

Chief Justice Melville W. Fuller

Associate Justices Samuel Miller, Stephen Field, Joseph Bradley, John Harlan, Horace Gray, > Samuel Blatchford, Lucius Lamar, David Brewer

Case opinions

Majority by: Miller		Joined by: Bradley, Harlan, Gray, Blatchford, Brewer
Dissent by: Lamar		Joined by: Fuller
Not Participating: Field

Laws applied

U.S. Const. Art. III, Sec. 788 of the Revised Statutes of the United States

In Re Neagle, 135 U.S. 1 (1890)^{[#endnote_citation]}, was a United States Supreme Court decision that determined that the question of whether the Attorney General 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 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."

External links

[In Re Neagle at oyez.org]

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