Pervear v. Massachusetts

Pervear v. Massachusetts
Supreme Court of the United States
Argued April 17, 1867
Decided April 29, 1867
Full case namePervear v. the Commonwealth of Massachusetts
Citations72 U.S. 475 (more)
5 Wall. 475; 18 L. Ed. 608; 1866 U.S. LEXIS 953
Court membership
Chief Justice
Salmon P. Chase
Associate Justices
James M. Wayne · Samuel Nelson
Robert C. Grier · Nathan Clifford
Noah H. Swayne · Samuel F. Miller
David Davis · Stephen J. Field
Case opinion
MajorityChase, joined by unanimous
Overruled by
Jones v. Cunningham, 371 U.S. 236 (1963)

Pervear v. Massachusetts, 72 U.S. (5 Wall.) 475 (1866), was a case brought before the United States Supreme Court in 1866 over the issue of prisoners' rights. The court ruled that prisoners have no constitutional rights, not even Eighth Amendment rights.[1] This was the first case stating the "hands off" policy that allowed states to run their prisons without federal interference. The application of the Bill of Rights to state action did not come until later and then only in part.[2]

At that time in history, the Bill of Rights was seen as a bar to federal interference with state actions, and therefore a means of ensuring federal restraint.[3]

  1. ^ Pervear v. Massachusetts, 72 U.S. (5 Wall.) 475 (1866).
  2. ^ "Prisoner Rights, Litigation and Constitutional Law". Archived from the original on December 16, 2007. Retrieved December 10, 2007.
  3. ^ Cite error: The named reference consttop was invoked but never defined (see the help page).