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Constitutional Law Keyed to Barnett
Dred Scott v. Sandford
Citation:
60 U.S. (19 How.) 393 (1857)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff Dred Scott and his wife Harriet were enslaved by Irene Emerson in Missouri. The Scotts attempted to buy their freedom from Irene Emerson, but she refused. Dred Scott sued her in Missouri State Court, arguing that he and his family were free because they had been taken to a territory where slavery had been prohibited pursuant to the Missouri Compromise. The Scotts prevailed, but were still owed back wages from Irene Emerson. Irene remarried John Sanford, and Sanford refused to pay back Scott’s wages (on behalf of Irene). On appeal, the state supreme court held in favor of Sanford.
Plaintiff Scott filed another lawsuit against Sanford in federal court, claiming damages for Sanford’s physical abuse of him. According to diversity jurisdiction, if Plaintiff Scott was a free citizen he could sue Sanford in federal court (because Sanford was a citizen of a different state, New York).
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