U.S. Appeals Court: FALSE IMPRISONMENT.
Scull v. New Mexico 236 F.3d 588(10th Cir. 2000). A detainee sued state and local officials alleging he was unlawfully detained for 30 days without initiation of extradition proceedings. The appeals court found that the detainee, who had previously signed a waiver of extradition as a condition of parole in another state, had no constitutional or statutory right to specific extradition procedures. The appeals court held that county detention center officials were not required by the federal constitution or statue to independently investigate the detainee's claim that he was entitled to be released pursuant to an order issued by ajudge in another county. According to the court, the officials believed they had lawful authority to imprison the detainee based on a "hit" on the National Crime Information Center (NCIC) database indicating the existence of an outstanding warrant for the detainee's arrest in another state. The court held that officials were not liable for false imprisonment under state law. (Bernalill o County Detention Center, New Mexico)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||May 1, 2001|
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