Gagan v. Gately, Civ. A. No. 87-C-1184.
Decision Date | 17 November 1987 |
Docket Number | Civ. A. No. 87-C-1184. |
Citation | 673 F. Supp. 1029 |
Parties | Cary James GAGAN, Plaintiff, v. John P. GATELY, Judge, District Court Arapahoe County, Allen Molk, Assistant District Attorney Arapahoe County, Defendants. |
Court | U.S. District Court — District of Colorado |
Cary James Gagan, pro se.
This case was assigned to Magistrate Abram who reviewed the matter and prepared a recommendation pursuant to Local Rule 605. Copies of both the recommendation and Local Rule 605 were mailed to the plaintiff on August 20, 1987. Plaintiff has filed an objection to the Magistrate's recommendation.
I have examined the entire file, the Magistrate's recommendation and the plaintiff's objection. Although I agree that this action should be dismissed, I believe that a short discussion of the matter of extradition in Colorado is warranted.
Pursuant to C.R.S. § 16-19-111 (Repl.1986), a person held in custody under an extradition warrant may challenge the validity of that warrant by a petition for writ of habeas corpus. The scope of inquiry at the habeas corpus proceeding, however, is severely restricted. For example, the issuance of a governor's warrant renders moot all questions concerning the validity of the initial arrest. Reese v. Warden, 193 Colo. 7, 561 P.2d 339, 340 (1977).
Recently, in Pruett v. Barry, 696 P.2d 789 (Colo.1985), the Colorado Supreme Court discussed as follows the matters that may be considered:
(Emphasis added).
In Pruett, the State Supreme Court went on to hold that, in Colorado, the petitioner's competency may also be the subject of inquiry by the asylum state if it affects the petitioner's ability to understand and assist counsel in handling the narrow issues involved in the habeas corpus proceeding...
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Cortese v. Black, Civ. A. No. 92-B-209.
...acted beyond the scope of his respective duties, the prosecutor is entitled to a grant of prosecutorial immunity. Gagan v. Gately, 673 F.Supp. 1029, 1030 (D.Colo.1987). In support of his allegation that these defendants acted outside the scope of their respective duties, Cortese alleges tha......
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Cross v. Meisel
...v. Gerstein, 608 F.2d 654, 657 (5th Cir.1979) (prosecutor immune from § 1983 action for filing baseless detainer); Gagan v. Gately, 673 F.Supp. 1029, 1030 (D.Colo. 1987) (prosecutor immune from § 1983 action over extradition proceeding); Cleary v. Andersen, 423 F.Supp. 745, 748 (D.Neb. 1976......