DOCSLIB.ORG

1 United States District Court

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1 United States District Court UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA JAMES A. BARNETT, ) ) Plaintiff,) v. ) No. 1:06-cv-235 ) Edgar/Lee LENDA CLARK; KEN COX; ) DEPUTY SILER; SHERIFF BILLY LONG; ) JIM HART, CHIEF OF CORRECTIONS; ) HAMILTON DISTRICT ATTORNEY BILL ) COX; ) ) Defendants. ) MEMORANDUM James A. Barnett ("Plaintiff"), a former Tennessee inmate brings this pro se complaint for damages pursuant to 42 U.S.C. § 1983, contending that he was illegally extradited to Tennessee in violation of his constitutional rights. Plaintiff has been released and now resides in Georgia (Court File # 67). The defendants are Lt. Lenda Clark ("Lt. Clark"), Ken Cox ("Deputy Cox"), Deputy Siler ("Deputy Siler"), Sheriff Billy Long ("Sheriff Long"), and Jim Hart, Chief of Corrections at Hamilton County Jail ("Chief Hart"). Hamilton County District Attorney Bill Cox was dismissed from this litigation by previous Order of this Court (Court File #53). Plaintiff asserts Defendants violated his constitutional rights when they extradited him from Georgia to Tennessee in absence of a signed Governor's extradition warrant, wavier of extradition rights, or habeas hearing. Plaintiff contends he is entitled to damages for these constitutional violations. Defendants contend that a violation of the procedures provided in the Uniform Criminal 1 Case 1:06-cv-00235 Document 76 Filed 01/22/08 Page 1 of 21 PageID #: <pageID> Extradition Act (“UCEA”), codified in Tennessee at Tenn. Code Ann. § 40-9-101 et. seq.1 does not create a cognizable constitutional claim under § 1983 in the Sixth Circuit and the release of Plaintiff in September of 2006 to the Hamilton County Sheriff’s Department is governed by the UCEA. Additionally, Defendants contend they had no obligation to ensure the asylum state, Georgia, complied with pre-extradition proceedings and they were justified in relying upon the information given by Georgia authorities that Hamilton County should receive Plaintiff from Georgia custody pursuant to the hold they had placed on him. Presently before the Court is Defendants’ motion for summary judgment (Court File # 68) and Plaintiff’s responses (Court File #71 & 75). For the reasons below, Defendants’ motion for summary judgment will be GRANTED (Court File # 68) and Plaintiff’s complaints (Court File #2, 13, 14, & 19) will be DISMISSED. I. Standard of Review Under Rule 56 Fed. R. Civ. P. 56(c) provides that summary judgment will be rendered if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to conclusively show that no genuine issue of material fact exists, and the Court must view the facts and all inferences to be drawn therefrom in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Morris v. Crete Carrier Corp., 105 F.3d 279, 280-81 (6th Cir. 1997); 60 Ivy Street Corp. v. 1 Title 18 U.S.C. § 3182 is titled Fugitives from State or Territory to State, District, or Territory and is referred to as the Extradition Act. For purposes of this memorandum opinion 18 U.S.C. § 3182 will be identified as the Extradition Act, and the Uniform Criminal Extradition Act, codified in Tennessee as Tenn. Code Ann. § 40-9-101 et. seq. will be identified as UCEA. 2 Case 1:06-cv-00235 Document 76 Filed 01/22/08 Page 2 of 21 PageID #: <pageID> Alexander, 822 F.2d 1432, 1435 (6th Cir. 1987). When there is no factual dispute, the determination of whether to grant summary judgment is a question of law. An absence of a genuine issue of material fact requires the Court to determine whether the non-movant has submitted significant probative evidence to support his claim, and from which a jury could find for the non-movant. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). When the parties do not dispute the basic facts, the decision turns on a question of law: whether the alleged facts show a violation of clearly established law. Anderson, 477 U.S. at 252; Bailey v. Floyd County Bd. Of Educ., 106 F.3d 135, 140 (6th Cir. 1997). If the Court concludes that a fair-minded jury could not return a verdict in favor of the nonmoving party based on the evidence presented, it may enter a summary judgment. Anderson, 477 U.S. at 251-52; University of Cincinnati v. Arkwright Mut. Ins. Co., 51 F.3d 1277, 1280 (6th Cir. 1995); LaPointe v. UAW, Local 600, 8 F.3d 376, 378 (6th Cir. 1993). II. Facts The facts are not disputed for purposes of summary judgment. In 2004, while serving a two- year sentence in Georgia Plaintiff learned that charges were pending against him in Tennessee. The Georgia prison authorities advised Plaintiff that a National Crime Information Center (“NCIC”) check revealed pending charges in Tennessee. Although no detainer had been lodged, Plaintiff initiated the process of disposing of the pending charges in Tennessee under the Interstate Agreement on Detainers Act (“IAD”). On May 5, 2005, Plaintiff requested the Georgia Prison Warden to forward the required IAD forms to Hamilton County, Tennessee authorities to have those charges resolved. Thirteen days later, the IAD forms were mailed to Hamilton County Criminal Court Clerk Gwen Tidwell. Tennessee authorities 3 Case 1:06-cv-00235 Document 76 Filed 01/22/08 Page 3 of 21 PageID #: <pageID> signed IAD Form VII (notice of prosecutor’s acceptance of temporary custody offered in connection for disposition of a detainer) (Court File # 14, Exhibit 1) and mailed it to the Georgia authorities. On June 8, 2005, “Agreement on Detainers: Form VI Evidence of Agents Authority to Act for Receiving State” (Court File # 19, Exhibit 12), was sent to Georgia authorities notifying them that Hamilton County authorities would pick up Plaintiff on July 6, 2005. Georgia authorities, however, notified Tennessee authorities, five days afterwards, that because no formal detainer had been lodged, they could not obtain custody of Plaintiff (Affidavit of Susan Roberson (Court File # 14, Exhibit 3a). Hamilton County officials attempted to resolve the problem by filing a formal detainer with Georgia on June 17, 2005. The detainer was lodged and Plaintiff was advised that he must resubmit his IAD forms as they had been submitted prematurely when they were filed before the detainer had been lodged. Plaintiff refused.2 Because of his refusal, Plaintiff was not extradited until he completed serving his Georgia sentence on September 18, 2006. During the interim, Georgia notified Defendants that Plaintiff’s release was imminent and advised them to be prepared to assume custody of Plaintiff.3 On Plaintiff’s release date, Deputies Cox and Siler arrived at Scott State Prison in Hardwick, Georgia, for the purpose of taking custody of him and bringing him to Tennessee for prosecution. A proper demand for Plaintiff had not been 2 The Hamilton County District Attorney’s office also advised Plaintiff (by letter) that his original IAD forms were not honored because a formal detainer had not been lodged against him at the time he signed the IAD forms. The correspondence informed him that he must complete another set of IAD forms before they could honor his request for a trial (Court File # 19, Exhibit 2). 3 On July 10, 2006, Plaintiff filed a complaint under § 1983, in the United States District Court in Macon, Georgia, seeking injunctive relief and monetary damages based on the alleged denial by the Georgia defendants of Plaintiff’s IAD rights. It appears this case is still pending. Barnett v. Donald, 2007 WL 2874323 (M.D. Ga. Sept. 26, 2007). 4 Case 1:06-cv-00235 Document 76 Filed 01/22/08 Page 4 of 21 PageID #: <pageID> made in accordance with the UCEA, Tenn.Code Ann. § 40-9-121, which provides the procedures for making a demand for fugitives from this state. Thus, Plaintiff was extradited without an extradition warrant or proper waiver of extradition. Plaintiff informed Deputy Cox he did not have legal authority to extradite him. Deputy Cox telephoned Lt. Clark about the extradition issue and announced Lt. Clark “said for Cox to show the prison folks the warrants for my arrest signed by the Hamilton Co. Judge and that if they give me over to him to take me in spite of the lack of legal extradition papers because she wasnt [sic] wasting a 6-7 hour round trip for nothing and if Barnett does not like it, sue her.” (Court File # 14). Deputy Cox then cuffed and shackled Plaintiff and Deputy Siler transported him to Tennessee (Court File # 2). Deputies Cox and Siler took custody of Plaintiff based on the representation of the Georgia authorities that he “was ready for release” (Court File #74, at 7). III. Law 42 U.S.C. § 1983 provides in relevant part Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress ... To state a viable § 1983 claim, a plaintiff must allege he (1) was deprived of a right, privilege, or immunity secured by the Constitution or laws of the United States; and (2) the deprivation was caused by a person while acting under color of state law.
Load more

Recommended publications
  • Fugitive Slaves and the Legal Regulation of Black Mississippi River Crossing, 1804–1860
    Strengthening Slavery’s Border, Undermining Slavery: Fugitive Slaves and the Legal Regulation of Black Mississippi River Crossing, 1804–1860 BY JESSE NASTA 16 | The Confluence | Spring/Summer 2017 In 1873, formerly enslaved St. Louisan James master’s consent, or of the passenger’s free status, P. Thomas applied for a United States passport. persisted until the Civil War.3 After collecting the passport at his attorney’s office, Yet, while the text of the Missouri statute Thomas hurried home “to take a look at it” because remained fairly constant, its meaning changed over he had “never expected to see” his name on such a the six tumultuous decades between the Louisiana document. He marveled that this government-issued Purchase and the Civil War because virtually passport gave him “the right to travel where he everything else in this border region changed. The choose [sic] and under the protection of the American former Northwest Territory, particularly Illinois, flag.” As Thomas recalled in his 1903 autobiography, was by no means an automatic destination for those he spent “most of the night trying to realize the great escaping slavery. For at least four decades after the change that time had wrought.” As a free African Northwest Ordinance of 1787 nominally banned American in 1850s St. Louis, he had been able to slavery from this territory, the enslavement and cross the Mississippi River to Illinois only when trafficking of African Americans persisted there. “known to the officers of the boat” or if “two or three Although some slaves risked escape to Illinois, reliable citizens made the ferry company feel they enslaved African Americans also escaped from this were taking no risk in carrying me into a free state.”1 “free” jurisdiction, at least until the 1830s, as a result.
    [Show full text]
  • Appendixg Fugitive Dust Control Plan
    APPENDIXG FUGITIVE DUST CONTROL PLAN As required by §324.5524 a fugitive dust control plan has been prepared. Pertinent sections are as follows: (1) The provisions of this section, including subsection (2), shall apply to any fugitive dust source at all mining operations. (2) Except as provided in subsection (8), a person responsible for any fugitive dust source regulated under this section shall not cause or allow the emission of fugitive dust from any road, lot, or storage pile, including any material handling activity at a storage pile, that has an opacity greater than 5% as determined by reference test method 9d. Except as otherwise provided in subsection (8) or this section, a person shall not cause or allow the emission of fugitive dust from any other fugitive dust source that has an opacity greater than 20% as determined by test method 9d. The provisions of this subsection shall not apply to storage pile material handling activities when wind speeds are in excess of25 miles per hour (40.2 kilometers per hour). (3) In addition to the requirements of subsection (2), and except as provided in subdivisions (e), (f), and (g), a person shall control fugitive dust emissions in a manner that results in compliance with all of the following provisions: (iv) All unloading and transporting operations of materials collected by pollution control equipment shall be enclosed or shall utilize spraying, pelletizing, screw conveying, or other equivalent methods. (v) Crushers, grinding mills, screening operations, bucket elevators, conveyor transfer points, conveyor bagging operations, storage bins, and fine product truck and railcar loading operations shall be sprayed with water or a surfactant solution, utilize choke-feeding, or be treated by an equivalent method in accordance with an operating program required under subsection (4).
    [Show full text]
  • The Fugitive
    LEVEL 3 Teacher’s notes Teacher Support Programme The Fugitive J. M. Dillard Chapter 1: On the night of his hospital’s fund-raising EASYSTARTS party, there is an intruder in Kimble’s house and his wife Helen is shot and killed. Chapter 2: Kimble sees the intruder briefly, and notices LEVEL 2 that he has an artificial arm, before the intruder knocks him out and escapes into the night. Kimble is arrested for the murder of his wife. With no evidence to support his LEVEL 3 story, he cannot prove his innocence and he is sentenced to death. Chapter 3: On the way to the state prison, however, LEVEL 4 Kimble escapes. He runs into the darkness, determined to look for the man with one arm. About the TV series and film Chapter 4: Detective Gerard and his team start to chase LEVEL 5 Kimble. Kimble is nearly caught in a tunnel, but he escapes The book The Fugitive is based on the screenplay of the again by jumping into the Tennessee River far below. extremely successful film The Fugitive, which was released in 1993. The film was based on the TV series The Fugitive, Chapter 5: Kimble manages to get back to Chicago. He LEVEL 6 an American series starring David Janssen. It was shown wants some help from his friends, but only Nichols helps in many countries for four years, from 1963 to 1967. him. Kimble, a doctor, is looking for the killer of his wife. He Chapter 6: Kimble disguises himself as a cleaner and finds is being chased by the police, who think he killed her.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the DISTRICT of KANSAS UNITED STATES of AMERICA, Plaintiff, Vs. No. 98-40107-01-SAC TODD
    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, Vs. No. 98-40107-01-SAC TODD C. MOORE, Defendant. MEMORANDUM AND ORDER The defendant Todd C. Moore appearing pro se has filed a motion for early termination of his supervised release. (Dk. 376). Released from incarceration in May of 2012, the defendant began serving his five-year term of supervised release. The defendant argues for early termination based on his continuous employment, starting his own businesses, his drug- free condition since December of 2014, and his completion of mental health counseling and the MRT program in 2014. The government opposes the motion summarizing from the earlier revocation proceedings that the defendant had tested positive for marijuana in drug tests in 2013 and 2014 and had failed to cooperate in 2014 with U.S. Marshals Service in locating a federal fugitive with whom the defendant admitted his association with the fugitive and knowledge of the fugitive’s location. The government also has learned from the defendant’s supervising officer that in July of 2015 the defendant was found in possession of a stolen riding lawn mower and that the defendant had recently ignored his officer’s warning not to have contact with a federal fugitive. By statute, the court may terminate a defendant’s supervised release after one year “if it is satisfied that such action is warranted by the conduct of the defendant release and the interest of justice.” 18 U.S.C. § 3583(e)(1). The statute commits this determination to the discretion and exclusive authority of the sentencing court.
    [Show full text]
  • IN the SUPREME COURT of IOWA Supreme Court No
    IN THE SUPREME COURT OF IOWA Supreme Court No. 16-1544 STATE OF IOWA, Plaintiff-Appellee, vs. MICHAEL JEFFERSON, Defendant-Appellant. APPEAL FROM THE IOWA DISTRICT COURT FOR SCOTT COUNTY THE HONORABLE MARLITA A. GREVE, JUDGE APPELLEE’S BRIEF THOMAS J. MILLER Attorney General of Iowa SHARON K. HALL Assistant Attorney General Hoover State Office Building, 2nd Floor Des Moines, Iowa 50319 (515) 281-5976 (515) 281-4902 (fax) [email protected] MICHAEL J. WALTON Scott County Attorney ELECTRONICALLY FILED MAY 18, 2017 CLERK OF SUPREME COURT ATTORNEYS FOR PLAINTIFF-APPELLEE FINAL 1 TABLE OF CONTENTS TABLE OF AUTHORITIES.................................................................. 4 STATEMENT OF THE ISSUES PRESENTED FOR REVIEW ............ 9 ROUTING STATEMENT .................................................................... 13 STATEMENT OF THE CASE.............................................................. 14 ARGUMENT ....................................................................................... 19 I. The District Court Did Not Err in Failing to Grant Jefferson’s Request for Appointment of Counsel to Assist with His Motion for Correction of an Illegal Sentence. No Constitutional or Statutory Right to Counsel Attached Upon the Filing of a Motion Challenging a Section 903B.1 Special Sentence. ........ 19 A. Statutory Right. ................................................................... 22 B. Constitutional Rights. ......................................................... 28 C. Iowa Constitution. ...............................................................
    [Show full text]
  • Southern Sympathies in Illinois As Expressed Through Nelson Vs the People Kathrine M
    _________________________________________________________________ Southern Sympathies in Illinois as Expressed through Nelson vs The People Kathrine M. Gosnell Kathrine Gosnell is a senior history major from Mattoon, Illinois. She wrote this paper for Dr. Lynne Curry’s HIS 2500: Historical Research and Writing. A special thank you is extended to Dr. Lynne Curry, Dr. Christopher A. Schnell, the manuscript curator at the Abraham Lincoln Presidential Library and Museum, and the various librarians for providing assistance for this paper. __________________________________________________________________ Throughout the Antebellum Period, Illinois proved itself to be a problematic state when compared to that of its Northern counterparts. Geographically, it was a northern state, but population-wise, it was split between northern and southern migrants. Around the Chicago area, abolitionism had a strong pull as seen in the various “colored” conventions held there, as well as the variety of Whig/Republican newspapers. Yet, from the state capital of Springfield and southward, many people held Democratic viewpoints and showed sympathy for their southern neighbors. As two slave states bordered Illinois, it is easy to understand how these neighbors had an impact on Illinoisan culture and politics. Illinois was not the only northern state to enact Black Laws, which put severe restrictions on blacks and often banned them from settling in certain states. Still, Illinois’s laws were among the harshest. While enforcement of these laws was sporadic, most prosecutions came in the southern part of the state. Among the most controversial of Illinois’ Black Laws was the Black Exclusion Law of 1853. This law prohibited blacks from coming into the state with the intention of living there.
    [Show full text]
  • Fugitive Migration Patterns
    FUGITIVE MIGRATION PATTERNS Darcy Kim Rossmo B.A., University of Saskatchewan, 1978 THESIS SUBMITTED IN PARTIAL FULFILLMENT.OF THE REQUIREMENTS FOR THE DEGREE OF M.A. (CRIMINOLOGY) in the School of Criminology @ Darcy Kim Rossmo 1987 SIMON FRASER UNIVERSITY August 1987 . All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. APPROVAL Name: Darcy Kim Rossmo Degree: M.A. (Criminology) Title of thesis: Fugitive Migration Patterns Examining Committee: Chairman : Robert J. Menzies John Lowman Senior Supervisor - ,,, , JQ~H-w.~~stede- ~hdrtern- Frofessor, School of Criminology Date Approved: August, 1987 PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Fugitive Migration Patterns Author: (signature) Darcy Kim Rossmo (name (date) ABSTRACT The vast majority of accused adults in Canada are released through a variety of legal processes at some point prior to the final disposition of their cases.
    [Show full text]
  • Sword Or Shield: Due Process and the Fugitive Disentitlement Doctrine Martha B
    Journal of Criminal Law and Criminology Volume 87 Article 4 Issue 3 Spring Spring 1997 Sword or Shield: Due Process and the Fugitive Disentitlement Doctrine Martha B. Stolley Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Martha B. Stolley, Sword or Shield: Due Process and the Fugitive Disentitlement Doctrine, 87 J. Crim. L. & Criminology 751 (1996-1997) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 00914169/96/8703-0751 TnEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 87, No. 3 Copyright © 1997 by Northwestern University, School of Law Prnted in U.S.A. SWORD OR SHIELD: DUE PROCESS AND THE FUGITIVE DISENTITLEMENT DOCTRINE Degen v. United States, 116 S. Ct. 1777 (1996) I. INTRODUCTION In Degen v. United States,' the United States Supreme Court ad- dressed whether to expand the fugitive disentitlement doctrine2 be- yond its traditional criminal appeals setting to the context of civil forfeiture.3 The Court unanimously ruled that a person who is a fugi- tive from justice on a criminal charge is not barred from defending against a civil action brought by the Government to confiscate his property.4 In refusing to extend the doctrine to the
    [Show full text]
  • The Antislavery Movement in Milwaukee and Vicinity, 1842-1860
    / THE ANTISLAVERY MOVEMENT IN MILWAUKEE AND VICINITY, 1842-1860 by William James Maher , B.S. A Thesis submitted to the Faculty of the Graduate School, Marquette University in Partial Fulfillment of the Re­ quirements for the Degree of Master of Arts Milwaukee, Wisconsin August, 1954 / j OE hIve all hoard or the famoue abollt1on iata Will iam Lloyd Cerri.on Gnd Thoodore Weld. But rev people know any- t h Ing obouttho ttlt ttlett men tn the movenlont:, theca o dld the actual work. The purposo of t hta popel" 18 to 'how th " role of the.o mon , lnolcn1f1cant on the notional 8ceno, but , very important on t he loeal l ovQl. This 1. tb tory of th abolitionist. 1n tho Mll"aukaearea, though at timos , for th lake of oontinuity, rorer enoe i8 made to state and notional 81tuations. 'any thanks to the Wheon.tn State Rhtorlcal Society for lnvalusble atd. h. ~ ooloty al.o mlcrofilmed the Olln manuscrlpt whioh 10 loportant 1n th tudy of th i.conain ant1alavery movement. Thi. nu.oript, hlddon 1n the arohlvrl of tho Western Reaerve " tstoria.l Society In ,Cleveland, (lhl0, . ~ J • brou~ht to my attention ~1 Dr. Pra nk J ames· Maher ( '" CONTENTS I • aene'ia ................. '. • • • 1 II. The ea.. or Caroline Quarll.. • • • • • •••• . , III. Emergence ................... 14 IV. Interlude • • • • • ••••• • • • • • • • • • 26 V. The Kansaa-Nebraska Bill and the Growth ot Republicanism • • • • • • • • •• )6 VI . "Freemen, to the Rescuel" • • • • • • • • • •• 50 Concluaion • • • • • • • • • • • • • • • • • • • 73 Bibliography • • • • • • • • • • • • • • • • • • 7' I PTrR I The years before the Ct vii war 1'0 oharQ eter1;:ecl by movements of !"efortl.
    [Show full text]
  • Iowa and the Underground Railroad
    Iowa and the Underground Railroad Iowa played an important role in antislavery and Underground Railroad activity It’s still surprising to many Iowans to learn that the state's earliest settlers played in important role in antislavery and Underground Railroad efforts in the years leading up to the Civil War. Though slaves were escaping and being helped to freedom from the early days of slavery in the United States, the phenomena known as the Underground Railroad lasted from about 1830 to 1861. Neither underground or an actual railroad, the term alluded to a loose network of sympathetic individuals and groups that were willing to risk life and liberty to help these fugitive slaves as they headed for the free states of the North and Canada. Antislavery and underground railroad participants who operated north-of-the-border states knew Iowa as their westernmost free-state link. The risks of this already dangerous activity of helping escapees increased on September 18, 1850 when the United States Congress passed the Fugitive Slave Act of 1850. It required the United States government to aid in returning escaped slaves and punish those who hindered it. Nevertheless, a number of Iowa's earliest settlers, often motivated by religious convictions and a marked appreciation of the principles of individual rights and personal liberty, provided shelter, transport, and material support for the travelers on this trail to freedom. The State Historical Society of Iowa conducted historical research and fieldwork through the Iowa Freedom Trail Project. This project sought to document Underground Railroad activities throughout Iowa by identifying individuals and groups who were involved with these activities and the places where these events occurred in Iowa.
    [Show full text]
  • Case 1:14-Cv-00559-JL Document 12 Filed 04/06/15 Page 1 of 7
    Case 1:14-cv-00559-JL Document 12 Filed 04/06/15 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Leonard Wyatt Rowe, III v. Civil No. 14-cv-559-JL State of New Hampshire REPORT AND RECOMMENDATION Pro se plaintiff Leonard Wyatt Rowe, III, proceeding in forma pauperis, has filed a complaint (doc. no. 1), which is before the court for preliminary review, pursuant to 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2), alleging violations of his Sixth Amendment right to counsel in a criminal proceeding. Rowe has also filed a motion for court-appointed counsel (doc. no. 3). Background Rowe, a Florida resident, alleges that: there were criminal threatening misdemeanor charges filed against him in New Hampshire in 2004; that there is an outstanding fugitive warrant seeking his arrest on those charges; and that there are warrants for his arrest in the possession of several police departments in New Hampshire, including the Concord Police Department. Rowe further asserts that, in September 2014, he mailed a letter from Florida to the New Hampshire 6th Circuit Court, District Case 1:14-cv-00559-JL Document 12 Filed 04/06/15 Page 2 of 7 Division, Concord, New Hampshire, requesting that the state court appoint counsel to represent him to challenge the outstanding warrants pending against him. Rowe states that the state court did not respond to his request. Rowe asserts that he filed a judicial misconduct complaint in New Hampshire relating to the state court’s failure to respond to his request for court-appointed counsel.
    [Show full text]
  • A Historical/Critical Analysis of the Tv Series the Fugitive
    A HISTORICAL/CRITICAL ANALYSIS OF THE TV SERIES THE FUGITIVE THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF SCIENCE By David P. Pierson, B.S. Denton, Texas May, 1993 Pierson, David P., A Historical/Critical Analysis Of The TV Series The Fugitive. Master of Science (Radio/TV/Film), May 1993, 168 pp., bibliography, 70 titles. In many respects, the popular 1960's television series, The Fugitive perfectly captured the swelling disillusionment with authority, alienation, and discontent that soon encompassed American society. This historical/critical study provides a broad overview of the economic, social, and political climate that surrounded the creation of The Fugitive. The primary focus of this study is the analysis of five discursive topics (individualism, marriage, justice & authority, professionalism, science and technology) within selected episodes and to show how they relate to broader cultural debates which occurred at that time. Finally, this study argues that The Fui1gitive is a part of a television adventure subgenre which we may classify as the contemporary "wanderer-hero" narrative and traces its evolution through selected television series from the last three decades. TABLE OF CONTENTS Chapter Page I. INTRODUCTION . 1 The Sixties The Emergence of a Television Culture The Fugitive Notes on Methodology II. THE TV INDUSTRY AND THE FUGITIVE . 26 The Great Shift ABC-TV Network and the Creation of The Fugitive 60's Programming Trends and The Fugitive III. THE DISCURSIVE FUGITIVE . 70 Individualism Marriage Justice and Authority Professionalism Science and Technology Conclusion IV.
    [Show full text]