(DOWNLOAD) "Adams v. Cuyler" by Third Circuit United States Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Adams v. Cuyler
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 09, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Opinion OF THE COURT This class action challenges the constitutionality of the Interstate Agreement on Detainers, Pa. Stat. Ann. tit. 19, §§ 1431-1438 (Purdon 1964) (Agreement), and is brought by plaintiff Adams, an inmate of the State Correctional Institution at Graterford, Pennsylvania. After careful review, we find it unnecessary to decide the constitutional issues, but conclude on statutory grounds that procedural safeguards provided in the Uniform Criminal Extradition Act, Pa. Stat. Ann. tit. 19, §§ 191.1-.31 (Purdon 1964 & Supp. 1978) (Extradition Act), also apply to prisoners subject to Article IV of the Detainer Agreement. We therefore will vacate the judgment of the district court dismissing plaintiff's complaint. In May, 1977, New Jersey sent a request for temporary custody under the Agreement to the appropriate Pennsylvania authorities so that Adams could be brought to Camden, New Jersey for trial on charges of armed robbery and other offenses. He challenged the transfer in the district court under the Civil Rights Acts, 42 U.S.C. §§ 1981, 1983, seeking injunctive and declaratory relief, as well as damages. The pro se complaint alleged that plaintiff was not in New Jersey when the crime occurred and that an alibi witness had died in the interval created by the prosecutor's delay in lodging the detainer. Plaintiff contends that had he been given the procedural rights of the Extradition Act, the Pennsylvania courts would not have permitted his transfer. The district judge dismissed the complaint for failure to state a claim. Adams v. Cuyler, 441 F. Supp. 556 (E.D.Pa.1977).
 "Adams v. Cuyler" by Third Circuit United States Court Of Appeals * Book PDF Kindle ePub Free){kind=link}