United States Tenth Circuit

In a state prisoner's 42 U.S.C. section 1983 action alleging state officials violated his constitutional rights and state law when they took him into custody without a warrant or a probable cause hearing and transferred him to a correctional facility in order for him to serve his previously imposed sentences, summary judgment for defendants is affirmed where: 1) his erroneous release from federal custody onto the street did not destroy Oklahoma's claim to legal custody over him, as he was subject to an unfinished sentence; and 2) state authorities had sufficient basis for his seizure and no warrant was necessary to take him into physical custody.

Appellate Information

• Decided 01/23/2008
• Published 01/24/2008

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Steven Dewayne Jenkins, pro se.