Case Summary
On October 5, 1920, Ruth McLane petitioned for a writ of habeas corpus. She claimed that Marshall Eberstein (Chief of Police), Alta Berger (superintendent of Detention Hospital), and Dr. J. F Edwards (Health Commissioner) imprisoned, detained, confined, and restrained her of her liberty. In her petition, she argued her detention was illegal. The police arrested her in Omaha, charged with being the keeper of an ill-governed house, and the police magistrate found her guilty. The police magistrate sentenced her to 30 days in the country and the cost of prosecution. Following the proper process, she appealed the bond cost, and the police magistrate approved the appeal bond. However, instead of releasing her, the Edwards sent her to Detention Hospital, where Berger, the superintendent, confined her without a warrant. Berger wanted to perform physical tests on her, and after she refused, he threatened to use force to conduct the examination. She argued that her detention violated her rights under Article 5 of the Amendment of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nebraska. The same day, the judge accepted the petition and ordered a writ of habeas corpus. The next day, Alta Burger responded to the writ, citing Ordinance No. 10509 to justify confining McLane. However, the outcome of this proceeding is unknown.
Case Information
Petition type(s)
Petition subtype(s)
- Inmate of ill-governed home
Sites of significance
Outcome
Unknown
Fate of bound party
Unknown
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 23: ca. 1920 - 1920, p. 19; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 94: Doc. 23-16 to 23-175, Oct. 2, 1920 - Nov. 18, 1920, No. 23-19
Source material(s)
Docket |
Case File
Length of case file
Between 11 and 20 pages
Related petitions
Repository(s)
State
Point(s) of law cited
U.S. Const. amend. V|U.S. Const. amend. XIV, § 1.;
Nebraska Const, art. I, § 8.|Ordinance No. 10509
Tag(s)
