AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Extradition
Prisoner's claim
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).