Standing Bear v. Crook
E440067
Standing Bear v. Crook was an 1879 U.S. federal court case in which Ponca chief Standing Bear successfully argued that Native Americans are "persons" under the law and entitled to habeas corpus rights.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
United States federal court case
ⓘ
civil rights case ⓘ habeas corpus case ⓘ |
| appealStatus | not appealed ⓘ |
| background |
Standing Bear and a group of Ponca left Indian Territory to return to Nebraska
NERFINISHED
ⓘ
The Ponca had been forcibly removed from their Nebraska homeland to Indian Territory NERFINISHED ⓘ The U.S. Army arrested Standing Bear and his followers for leaving the reservation without permission ⓘ |
| chronology | The case was heard in 1879 after the Ponca removal to Indian Territory in the 1870s ⓘ |
| citationStatus | trial court decision ⓘ |
| counselForDefense | George H. Roberts NERFINISHED ⓘ |
| counselForPlaintiff |
Andrew J. Poppleton
NERFINISHED
ⓘ
John L. Webster NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | United States District Court for the District of Nebraska NERFINISHED ⓘ |
| decisionDate | 1879 ⓘ |
| decisionYear | 1879 ⓘ |
| defendantRole | George Crook was a U.S. Army general NERFINISHED ⓘ |
| hasDefendant |
George Crook
NERFINISHED
ⓘ
United States Army NERFINISHED ⓘ |
| hasPlaintiff | Standing Bear NERFINISHED ⓘ |
| holding |
Native Americans are entitled to seek writs of habeas corpus in federal court
ⓘ
Native Americans are persons within the meaning of U.S. law ⓘ Standing Bear and his band were being held illegally and must be released ⓘ |
| involvedEthnicGroup | Ponca NERFINISHED ⓘ |
| involvedLeader | Standing Bear NERFINISHED ⓘ |
| jurisdiction | federal ⓘ |
| keyQuote |
“That hand is not the color of yours, but if I pierce it, I shall feel pain.”
ⓘ
“The law protects all persons in this country.” ⓘ |
| languageOfProceedings | English ⓘ |
| legalIssue |
civil rights of Native Americans
ⓘ
habeas corpus ⓘ status of Native Americans as persons under U.S. law ⓘ |
| legalSignificance |
Challenged the federal government’s treatment of Native Americans as wards without legal standing
ⓘ
First federal court decision to recognize Native Americans as persons under U.S. law with the right to sue for habeas corpus ⓘ Marked an important step in the recognition of Native American civil rights ⓘ |
| location | Omaha, Nebraska NERFINISHED ⓘ |
| presidingJudge | Elmer S. Dundy NERFINISHED ⓘ |
| procedure | A writ of habeas corpus was sought on behalf of Standing Bear and his followers ⓘ |
| relatedTo |
Ponca removal
ⓘ
U.S. Indian policy in the 19th century ⓘ history of Native American civil rights ⓘ |
| result |
Standing Bear and his followers were released from military custody
ⓘ
The Ponca were allowed to remain in Nebraska ⓘ |
| state | Nebraska ⓘ |
| subjectMatter |
civil liberties
ⓘ
constitutional law ⓘ federal Indian law ⓘ |
| timePeriod | Reconstruction era and post–Civil War United States ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.