Jesse E. Eschbach
Encyclopedia
Jesse Ernest Eschbach was a judge of the United States District Court for the Northern District of Indiana and a judge of the United States Court of Appeals for the Seventh Circuit
.
Born in Warsaw, Indiana
, Eschbach graduated from Indiana University
in 1943 and served in the Navy
during World War II
. He graduated from the Indiana University School of Law - Bloomington in 1949 and worked for the United States Office of Price Stabilization in 1951. Before his appointment to the federal bench, he practiced law in Warsaw and served as Warsaw city attorney
and as a deputy prosecutor
for Kosciusko, County
.
A Republican
, Eschbach was appointed to the federal district bench in Fort Wayne
by President
John F. Kennedy
, a Democrat
, in 1962. In 1981, he was elevated to the Seventh Circuit by President Ronald Reagan
, a Republican, to replace Judge Luther M. Swygert
who had assumed senior status
. Eschbach himself assumed senior status in 1985 and retired October 1, 2000.
One of Eschbach's most controversial decisions as a district judge was in the case of Sparkman v. McFarlin, Civ. No. F 75-129 (ND Ind., May 13, 1976), in which he held that a DeKalb County
judge who ordered the sterilization of a young woman without appointing a guardian ad litem to protect her interests or holding a hearing to take evidence in her case could not be sued for damages. Eschbach's decision was upheld by the United States Supreme Court in Stump v. Sparkman
, 435 U.S. 349
(1978), now the leading American decision on judicial immunity
. Eschbach received national attention in 1981 when he sentenced former Secretary of Agriculture
Earl Butz
to 30 days in federal prison for tax fraud. During the air traffic controllers' strike the same year, he ordered controllers in Fort Wayne to continue working.
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
.
Born in Warsaw, Indiana
Warsaw, Indiana
Warsaw is a city in and the county seat of Kosciusko County, Indiana, United States. Cradled among Winona Lake, Pike Lake, Hidden Lake and Center Lake, Warsaw is nicknamed "Lake City," though other cities in the surrounding area are also referred to by that nickname...
, Eschbach graduated from Indiana University
Indiana University Bloomington
Indiana University Bloomington is a public research university located in Bloomington, Indiana, in the United States. IU Bloomington is the flagship campus of the Indiana University system. Being the flagship campus, IU Bloomington is often referred to simply as IU or Indiana...
in 1943 and served in the Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. He graduated from the Indiana University School of Law - Bloomington in 1949 and worked for the United States Office of Price Stabilization in 1951. Before his appointment to the federal bench, he practiced law in Warsaw and served as Warsaw city attorney
City attorney
A city attorney can be an elected or appointed position in city and municipal government in the United States. The city attorney is the attorney representing the city or municipality....
and as a deputy prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
for Kosciusko, County
Kosciusko County, Indiana
Kosciusko County is a county located in the U.S. state of Indiana. Census 2010 recorded the population at 77,358. The county seat is Warsaw.The county was formed in 1836. It was named after the Polish general Tadeusz Kościuszko, who served in the American Revolutionary War, and then returned to...
.
A Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, Eschbach was appointed to the federal district bench in Fort Wayne
Fort Wayne, Indiana
Fort Wayne is a city in the US state of Indiana and the county seat of Allen County. The population was 253,691 at the 2010 Census making it the 74th largest city in the United States and the second largest in Indiana...
by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, in 1962. In 1981, he was elevated to the Seventh Circuit by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
, a Republican, to replace Judge Luther M. Swygert
Luther Merritt Swygert
Luther Merritt Swygert was a United States federal judge.Born in Miami County, Ohio, Swygert received an LL.B. from Notre Dame Law School in 1927. He was in private practice in Indiana from 1928 to 1931. He was a Deputy prosecuting attorney of Lake County, Indiana from 1931 to 1933. He was an...
who had assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. Eschbach himself assumed senior status in 1985 and retired October 1, 2000.
One of Eschbach's most controversial decisions as a district judge was in the case of Sparkman v. McFarlin, Civ. No. F 75-129 (ND Ind., May 13, 1976), in which he held that a DeKalb County
DeKalb County, Indiana
DeKalb County is a county located in the U.S. state of Indiana. Named for Revolutionary War hero Johann, Baron de Kalb , the county was created by the Indiana legislature in 1835 and organized in 1837. As of 2010, the population was 42,223...
judge who ordered the sterilization of a young woman without appointing a guardian ad litem to protect her interests or holding a hearing to take evidence in her case could not be sued for damages. Eschbach's decision was upheld by the United States Supreme Court in Stump v. Sparkman
Stump v. Sparkman
Stump v. Sparkman, 435 U.S. 349 , is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman whom he had ordered to be sterilized.-Facts:In 1971, Judge Harold D...
, 435 U.S. 349
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1978), now the leading American decision on judicial immunity
Judicial immunity
Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.For...
. Eschbach received national attention in 1981 when he sentenced former Secretary of Agriculture
United States Secretary of Agriculture
The United States Secretary of Agriculture is the head of the United States Department of Agriculture. The current secretary is Tom Vilsack, who was confirmed by the U.S. Senate on 20 January 2009. The position carries similar responsibilities to those of agriculture ministers in other...
Earl Butz
Earl Butz
Earl Lauer "Rusty" Butz was a United States government official who served as Secretary of Agriculture under Presidents Richard Nixon and Gerald Ford.- Background :...
to 30 days in federal prison for tax fraud. During the air traffic controllers' strike the same year, he ordered controllers in Fort Wayne to continue working.