AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Defenses: Fugitive Disentitlement

    Prison officials were not entitled to dismissal of former prisoner's lawsuit concerning his allegedly unreasonable exposure to high levels of environmental tobacco smoke on the basis of the Fugitive Disentitlement Doctrine after he failed to return to Delaware for arrest for a probation violation under an order that he allegedly knew about. The doctrine is found not to apply as there was not a connection between the plaintiff's alleged fugitive status and his pending civil lawsuit. Atkinson v. Taylor, 277 F. Supp. 2d 382 (D. Del. 2003). [N/R]
     331:100 Plaintiff's continuing status as a fugitive required the dismissal of his federal civil rights lawsuit under the "fugitive disentitlement" doctrine. Sarlund v. Anderson, #99-2116, 205 F.3d 973 (7th Cir. 2000).

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