Davis v. Berry
District Court, S.D. Iowa
In Equity. Suit by Adolph Davis against William H. Berry and others, constituting the Iowa State Board of Parole, Austin F. Philpott, the Iowa Penitentiary physician, and James C. Sanders, warden of said penitentiary, to restrain the enforcement of Acts 35th Gen. Assem.-Iowa, c. 187, requiring the performance of vasectomy on criminals twice convicted of a felony.
1Opinion of the Court
SMITH McPHERSON, District Judge.
The complainant is a prisoner in the Iowa penitentiary. Defendants Berry, Howe, and Mott constitute the Iowa board of parole, Sanders is the warden, and Philpott is the physician of the penitentiary. The case is one of diversity of citizenship, with federal questions presented by a bill in equity with an application for a temporary injunction to restrain defendants as state officers from enforcing chapter 187 of the.Acts of the Thirty-Fifth General Assembly 1913, authorizing a surgical operation called vasectomy on idiots, feeble-minded, drunkards, drug fiends,…
2Cases cited25 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Weems v. United StatesSupreme Court of the United States · 1910
- Cummings v. MissouriSupreme Court of the United States · 1867
- In Re KemmlerSupreme Court of the United States · 1890
- Graham v. West VirginiaSupreme Court of the United States · 1912
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3Cited by15 opinions
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
- In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
- People v. PalmMichigan Supreme Court · 1929
- Smith v. Wayne Probate JudgeMichigan Supreme Court · 1925
- In Re the Sterilization of HendricksonWashington Supreme Court · 1942
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