James Caveny v. State of Illinois

Seventh Circuit

James Caveny v. State of Illinois

359 F.2d 787, 1966 U.S. App. LEXIS 6396

CourtCourt of Appeals for the Seventh Circuit

DecidedApril 22, 1966

Docket15279

StatusPublished

Cited by1 cases

This text of 359 F.2d 787 (James Caveny v. State of Illinois) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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James Caveny v. State of Illinois, 359 F.2d 787, 1966 U.S. App. LEXIS 6396 (7th Cir. 1966).

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Opinion

KNOCH, Circuit Judge.

This appeal was submitted on the record and the briefs of the parties without oral argument.

Petitioner, who was held in the Jail of the County of Cook, State of Illinois, sought a declaratory judgment in the United States District Court declaring the Interstate Parole Reciprocal Agreement Act, Illinois Rev.Stat.1965, ch. 38, sec. 123-5, to be unconstitutional, so that he might avoid the effect of a parole violation warrant lodged against him at the Cook County Jail by the State of Indiana, when his sentence in the Cook County Jail expires.

The United States District Court dismissed appellant’s petition for failure to state a claim on which relief could be granted.

The constitutionality of the Interstate Parole Reciprocal Agreement Act has been carefully considered by this Court and was sustained in United States ex rel. Simmons on Behalf of Gray v. Loh-man, 7 Cir., 1955, 228 F.2d 824, 826. Our views of this subject are unchanged.

The decision of the District Court is affirmed.

Affirmed.

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