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Raffone v. Sullivan

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


January 3, 1979

SALVATORE JAMES RAFFONE, PETITIONER-PLAINTIFF-APPELLANT,
v.
SGT. DANIEL SULLIVAN, MILFORD POLICE DEPARTMENT, GOVERNOR ELLA T. GRASSO, STATE OF CONNECTICUT, GOVERNOR ASKEW, STATE OF FLORIDA, RESPONDENTS-DEFENDANTS-APPELLEES.

Appeal from the United States District Court for the District of Connecticut.

Present: HONORABLE WILFRED FEINBERG, HONORABLE WILLIAM H. MULLIGAN, HONORABLE MURRAY I. GURFEIN, Circuit Judges.

This cause came on to be heard on the transcript of record from the United States District Court for the District of Connecticut, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is remanded to the district court.

This appeal was argued before us on December 18, 1978. At that time, counsel for appellant advised us of an earlier communication from appellant raising factual issues. Counsel thereafter sent us a copy of a letter to him from appellant, dated November 14, 1978, which stated, contrary to the apparent assumptions on which the case had been briefed, that appellant was not in prison for the alleged crimes which were the basis of the allegedly improper extradition from Florida and that these charges had been dismissed. Subsequent correspondence, copies of which were sent to us, does not clarify the matter.

Accordingly, we remand this case to the district court so that Judge Newman may determine whether the representations in appellant's letter, dated November 14, 1978, are accurate, and if so, the effect thereof, if any, on his civil rights action, which is the subject of this appeal. Judge Newman may also wish to consider the recent Supreme Court opinion in Michigan v. Doran, 47 U.S.L.W. 4067 (Dec. 18, 1978), which may have a bearing on this case, as to which we express no view. Following Judge Newman's reconsideration of this case in light of the above, if the prior determination of the district court is unchanged, plaintiff may again appeal the case to this court, and only supplemental typewritten briefs and appendices need be filed at that time. Any further appeal shall be referred to this panel, subject to further order of the court.

19790103

© 1998 VersusLaw Inc.



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