U.S. Court of Appeals for the Fifth Circuit, 1969

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
U.S. Court of Appeals for the Fifth Circuit · Decided January 28, 1969 · Tuttle, Gewin, Pittman
406 F.2d 756; 1969 U.S. App. LEXIS 9175 (Federal Reporter, Second Series)

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

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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