Thomas

Thomas v. Herman

Good Law
63 F. App'x 321
United States Court of Appeals for the Ninth CircuitApril 16, 2003No. 02-17318California392 words

Opinion

Lead Opinion

MEMORANDUM **

Former Arizona state prisoner Ellis RL Thomas Jr. appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that Arizona prison officials violated the Fourteenth Amendment, the Eighth Amendment and the Arizona Uniform Act to Secure the Attendance of Witnesses (“Uniform Act”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002), and we affirm.

Thomas alleged that Arizona prison officials, who arranged for his transport to Indiana to testify at his brother’s criminal trial, failed to adequately protect him from being arrested upon arrival in Indiana and subsequently convicted of murder and sentenced to 110 years in Indiana state prison.

In Thomas’ criminal proceedings in Indiana, the state court determined that Thomas went to Indiana voluntarily, even at the risk of being charged in connection with the shootings for which his brother was charged. Thomas is collaterally es-topped from relitigating the issue of volun-tariness. See Allen v. McCurry, 449 U.S. 90, 103-04 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (collateral estoppel applies to…

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