Printer Friendly

U.S. Appeals Court: TIMELY RELEASE.

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 a judge 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. (Bernal illo County Detention Center, New Mexico)
COPYRIGHT 2001 CRS, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:prisoners and prisons
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:May 1, 2001
Words:168
Previous Article:U.S. Appeals Court: PAROLE-REVOCATION PAROLE-DUE PROCESS.
Next Article:U.S. Supreme Court: SEX OFFENDER.
Topics:


Related Articles
U.S. Appeals Court: WORK.
U.S. Appeals Court: DISCIPLINE REMOVAL FROM JOB.
Cruel and unusual punishment.
Failure to protect.
Medical care.
Mental problems (prisoner).
Property- prisoner personal.
Safety and security.
Brown v. Crowley.
Conditions of confinement.

Terms of use | Privacy policy | Copyright © 2021 Farlex, Inc. | Feedback | For webmasters