AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
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).