AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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for damages and declaratory relief challenging the validity of his extradition
from Georgia to New York to serve a sentence on a New York conviction without
a signed extradition warrant, a hearing or a waiver of his extradition
rights was not barred by the fact that his conviction or sentence had not
previously been invalidated. The claim was, in essence, for a violation
of the prisoner's right to procedural due process and did not depend on
the validity of the underlying conviction and sentence, so the principles
stated in Heck v. Humphrey, 512 U.S. 477 (1994) and Edwards v. Balisok,
520 U.S. 641 (1997) did not bar the lawsuit. Harden v. Pataki, #01-15186,
320 F.3d 1289 (11th Cir. 2003). [N/R]
Prisoner's claim against officers that they carried out an extradition order which they knew was invalid was not so frivolous as to justify summary dismissal of his federal civil rights lawsuit. Judge and prosecutor, however, were entitled to absolute immunity for their actions resulting in issuance of order to extradite prisoner to another state allegedly based on a criminal charge that had already been dismissed. Burrows v. Cherokee County Sheriff's Office, #01-3281, 38 Fed. Appx. 504 (10th Cir. 2002). [N/R]
Trial court properly granted summary judgment to county and county sheriff on prisoner's claim that he was extradited from Ohio to Texas without the procedural protections to which he was entitled under the Uniform Criminal Extradition Act. Vinson v. Ohio, #01-3398, 31 Fed. Appx. 193 (6th Cir. 2002). [N/R]
296:118 Alleged parole violator's detention for 30 days in a New Mexico facility without the initiation of extradition proceedings to send him to Ohio did not violate his rights under federal or state law when he had previously signed a waiver of extradition as a condition of parole in Ohio. Scull v. New Mexico, Nos. 99-2215, 99-2216, 236 F.3d 588 (10th Cir. 2000).
283:101 A prisoner could not sue a state's law enforcement officials for allegedly delivering him to another state's custody in violation of his extradition rights in the absence of a showing that he would not have been extraditable if the proper procedures were followed; such a showing, however, must be made in a prior proceeding, not in a federal civil rights lawsuit. Knowlin v. Thompson, #97- 3463, 207 F.3d 907 (7th Cir. 2000).
217:5 Prisoner who was extradited without hearing awarded $1 in nominal damages against prison warden; governor and governor's extradition officer were entitled to absolute immunity from suit, and other prison officials, who did not have "legal custody" of plaintiff prisoner, had no duty to ensure that he received extradition hearing. White v. Armontrout, 29 F.3d 357 (8th Cir. 1994).
Police officer may be personally liable for an improper extradition in violation of federal law. U.S. v. Pa. State Police, 548 F.Supp. 9 (E.D. Pa. 1982).
Good faith defense precludes judgment against Indiana officers who relied on nonexistent waiver of extradition hearing. McBride v. Soos, 512 F.Supp. 1207 (N.D. Ind. 1981).
Asylum state has no authority to inquire into prison conditions of requesting state once governor of asylum state approves extradition. Pacileo v. Walker, 449 U.S. 86, 101 S.Ct. 308 (1980).
District court rules that alleged torture of federal escapee in Panama is not actionable against U.S. agents who arranged his capture; `kidnapping' of escapee is actionable. Di Lorenzo v. United States, 496 F.Supp. 79 (S.D. N.Y. 1980).
Civil rights act held available to remedy wrongful extraditions which are a violation of prisoners' constitutionally protected rights. Brown v. Nutsch, 619 F.2d 758 (8th Cir. 1980).
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