The State of Nebraska, upon the relation of Mattie Cahill, Complainant, vs. Marshall Eberstein, Chief of Police of Omaha, Nebraska and Alta Berger, Matron and Superintendent of Omaha Detention Hospital, Eleventh and Dodge Streets, Omaha, Nebraska, Respondents.
September 16, 1920
- September 24, 1920
Petitioned on September 16, 1920
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1325
Case Summary
On September 12, 1920, Mattie Cahill was arrested on the south side of Omaha, Nebraska, and charged with being an inmate of an ill-governed house. She was found guilty in the South Side Police Court by Omaha Police Magistrate Charles E. Foster. Mattie Cahill then paid the $200.00 appeal bond set by Foster. On September 13, 1920, the case respondents Marshall Eberstein, Omaha Police Chief, and Alta Berger, Matron and Superintendent of the Omaha Detention Hospital, illegally detained Mattie Cahill at the Detention Hospital of Omaha and subjected her to forced physical examinations instead of releasing her to the District Court of Douglas County after the appeal. On September 17, 1920, Mattie Cahill’s attorneys, Jamieson H. Sullivan and Eugene D. Sullivan, filed a petition for a writ of habeas corpus and argued that the respondents violated Amendment 5 of the Constitution by subjecting Mattie Cahill to forced physical examinations. The petition was allowed by Judge Charles Goss that day and the Douglas County Sheriff, Michael L. Clark, delivered the writ to the respondents on September 17, 1920, by judge’s order. On September 20, 1920, Marshall Eberstein and Alta Berger responded to the writ and provided copies of the commitments they received from Foster and Dr. J. F. Edwards, Omaha Health Commissioner, that ordered the respondents to take Mattie to the Detention Hospital of Omaha in order to subject her to forced physical examinations to ascertain whether or not she had contracted a venereal disease. After the hearing, Judge Charles Goss ordered the respondents to release Mattie Cahill from custody and she was released based on the results of the examination.
Case Information
Petition type(s)
Petition subtype(s)
- Public health detention
- Inmate of ill-governed house
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 22: ca. 1919 - 1920, p. 737; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 93: Doc. 22-638 to 23-15, Aug. 13, 1920 - Oct. 2, 1920, No. 22-737
Source material(s)
Docket |
Case File
Length of case file
Between 11 and 20 pages
Related petitions
- The State of Nebraska, upon the relation of Opal Rogers, Complaint, vs.Marshall Eberstein, Chief of Police of Omaha, Nebr. and Alta Berger, Matron and Superintendent of Omaha Detention Hospital, Eleventh and Dodge Sts., Omaha, Nebraka, Respondents.
- In re application of Daisy Hartman for Habeas Corpus
Repository(s)
State
Point(s) of law cited
U.S. Const. amend. V
