Civil Rights Lawsuits

Civil rights lawsuits have been taking place in American courtrooms as early as 1857, when Dred Scott, a slave of African descent, tried to sue his owner, John Emerson. Scott was born a slave in Virginia and was sold to Emerson in 1832. He accompanied Emerson on military expeditions, married, and had a child in a free state during his travels. When Emerson died, Scott tried to purchase his freedom from Emerson's wife and maintained that his child was free, because she was born in a free state. Emerson's wife refused to let the sale occur and denied the free status of the child. Scott took his argument to court, where he was told that the federal government would not determine his freedom and that he could not legally sue in an American court because his status as a slave exempted him from American citizenship.

Fast Facts

  • Scott was helped by a great number of abolitionists- individuals who protested and campaigned for the end of slavery.
  • Scott's first attempt at a case was in 1846, but his case was dismissed in 1847 because he failed to provide a witness who would say that he was, in fact, a slave belonging to Emerson.
  • The case of the Dred Scott decision is known as "Dred Scott v. Sanford." Sanford was Mrs. Emerson's brother, to whom the advocacy of the case was transferred.

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