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Keith Laverne Shank v. Sgt. T. H. Spruill and Detective H. G. Wagner

Keith Laverne SHANK, Appellant, v. Sgt. T. H. SPRUILL and Detective H. G. Wagner, Appellees

Shank v. T. H. Spruill & Detective H. G. Wagner, 406 F.2d 756 (5th Cir. 1969)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 28, 1969
Docket
No. 26115
Judges
Tuttle, Gewin, Pittman
Citations
406 F.2d 7561969 U.S. App. LEXIS 9175

Opinion — Per Curiam

PER CURIAM:

The petitioner is seeking injunctive and legal redress against the state of Georgia and two DeKalb County policemen. He claims that they forcefully brought him to Georgia from Florida to stand trial for a Georgia offense. He was convicted of the charge and sent to state prison. He later escaped and while out committed a federal offense. He currently is in a federal penitentiary. Georgia officials have filed detainers.

His current action probably is brought under the Civil Rights Acts, most likely 42 U.S.C.A. § 1983 . His papers do not make that clear. In any case the claim is barred on two grounds. First, there is no statute of limitations in the Civil Rights Act. Therefore, the limitation provision of the states apply.

*757 Here that is the Georgia limitation statute, Section 3-1004, which provides a two year period in cases such as this. .Also, even if the claim were timely, it would fail because so long as the Georgia conviction stands the arrest must be viewed as proper. He has yet to try Georgia habeas corpus procedures to challenge the arrest and conviction.

The judgment is affirmed.

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Cited by 30 cases

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1970: 11971: 11972: 21973: 31974: 41975: 11976: 41977: 31978: 31980: 11981: 21982: 11983: 21986: 11997: 119702026peak 1974 · 4

Relies on it most ⓘ

  1. Edwin C. Covington v. Aubrey Cole, Individually and in His Official Capacity as Sheriff of Jaspercounty, Texas528 F.2d 1365 (5th Cir. 1976)
  2. Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, Texas550 F.2d 345 (5th Cir. 1977) · Concurring in Part, Dissenting in Part
  3. Jones v. Bales58 F.R.D. 453 (N.D. Ga. 1972)
  4. Paula I. WHATLEY v. DEPARTMENT OF EDUCATION673 F.2d 873 (5th Cir. 1982)
  5. Heard v. Caldwell364 F. Supp. 419 (S.D. Ga. 1973)
  6. John Fulford v. Frank Klein, Etc., Etc.529 F.2d 377 (5th Cir. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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