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U.S. Appeals Court: FALSE IMPRISONMENT.



Scull v. New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S).  236 F.3d 588(10th Cir. 2000). A detainee de·tain·ee  
n.
A person held in custody or confinement: a political detainee.

Noun 1. detainee - some held in custody
political 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 im·pris·on  
tr.v. im·pris·oned, im·pris·on·ing, im·pris·ons
To put in or as if in prison; confine.



[Middle English emprisonen, from Old French emprisoner : en-
 the detainee based on a "hit" on the National Crime Information Center (NCIC NCIC National Crime Information Center
NCIC National Cancer Institute of Canada
NCIC North Carolina Industrial Commission
NCIC National Cartographic Information Center
NCIC National Cancer Information Center (American Cancer Society) 
) 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 false imprisonment, complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages.  under state law. (Bernalill o County Detention Center, New Mexico)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:May 1, 2001
Words:167
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