Opinion

Jenkins v. McKeithen

  • 395 U.S. 411
  • 71 L.R.R.M. (BNA) 2385
  • 89 S. Ct. 1843
  • 23 L. Ed. 2d 404
  • 1969 U.S. LEXIS 3175
Court
Supreme Court of the United States
Filed
Jun 9, 1969
Status
Published
Author
Black
On the bench
Marshall, Black, Harlan, Larche, Stewart, White
Cited by
2,958 cases
Authority
More cited than 24.1%

holding that pro se complaints should continue to be liberally construed after 19 Iqbal

How later courts described this case

  • holding that pro se complaints should continue to be liberally construed after 19 Iqbal
  • holding that pro se complaints should continue to be liberally construed after 12 Iqbal
  • holding that pro se complaints should continue to be liberally 25 construed after Iqbal
  • holding that pro se complaints should continue to be liberally 18 construed after Iqbal

Written by the judges who cited it.

Distinguished

  • Distinguished by WMX Technologies, Inc. v. Miller, 197 F.3d 367 (1999)

    A similar argument was made in Paul v. Davis, which the Court rejected holding that Jenkins was inapplicable.
    Court of Appeals for the Ninth CircuitSep 2, 1999Read it
  • Distinguished by United States v. Melvin L. Schutterle and Martha E. Schutterle, 586 F.2d 1201 (1978)

    395 U.S. 411, 89 S.Ct. 1843, 23 L.Ed.2d 404 (1968), is inapposite.
    Court of Appeals for the Eighth CircuitOct 25, 1978Read it

The opinion

Mr. Justice Black,

concurring.

I concur in the Court’s judgment and in much of what is said in the prevailing opinion. I cannot agree, however, to reaffirming Hannah v. Larche, 363 U. S. 420 . I joined the dissent of Mr. Justice Douglas in the Hannah case and still adhere to that dissent. The Louisiana law here, like the federal law considered in the Hannah case, is, in my judgment, nothing more nor less than a scheme for a nonjudicial tribunal to charge, try, convict, and punish people without courts, without juries, without lawyers, without witnesses — in short, without *433 any of the procedural protections that the Bill of Rights provides. The Louisiana law is reminiscent of the old Parliamentary and Ecclesiastical Commission trials which took away the liberty of John Lilburne and his contemporaries without due process of law — that is, without giving them the benefit of a trial in accordance with the law of the land. For these reasons I believe that the Louisiana law denies due process of law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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