Home/Fifth Circuit/Keith Laverne Shank v. Sgt. T. H. Spruill and Detective H. G. Wagner

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

406 F.2d 756, 1969 U.S. App. LEXIS 9175
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 28, 1969
Docket26115
StatusPublished
Cited by36 cases

This text of 406 F.2d 756 (Keith Laverne Shank v. Sgt. T. H. Spruill and Detective H. G. Wagner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keith Laverne Shank v. Sgt. T. H. Spruill and Detective H. G. Wagner, 406 F.2d 756, 1969 U.S. App. LEXIS 9175 (5th Cir. 1969).

Opinion

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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Bluebook (online)
406 F.2d 756, 1969 U.S. App. LEXIS 9175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-laverne-shank-v-sgt-t-h-spruill-and-detective-h-g-wagner-ca5-1969.