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