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Wisconsin Prisoner Loses Claim Over Transfer to Private Prison in Tennessee
The plaintiff, a Wisconsin prisoner housed in a private prison in Tennessee, filed an "irregular document" with no filing fee or IFP application, asserting that by transferring him Wisconsin had relinquished jurisdiction over him, entitling him to release. "This Court has uniformly rejected [such] claims," and it rejects this plaintiff's wrinkle: he said that he became a citizen of Tennessee when he was transferred, so Wisconsin can no longer confine him. The court says he can't establish residency and domicile in Tennessee until he finishes his obligations to Wisconsin.
The court then discusses at length cases in which states were held to waive enforcement of criminal sentences against prisoners who had been left in other states for long periods of time and released.
Any claim that Wisconsin law prohibits the plaintiff's transfer cannot be litigated in federal court. See: Evans v. Holm, 114 F.Supp.2d 706 (M.D.Tenn. 2000).
The court then discusses at length cases in which states were held to waive enforcement of criminal sentences against prisoners who had been left in other states for long periods of time and released.
Any claim that Wisconsin law prohibits the plaintiff's transfer cannot be litigated in federal court. See: Evans v. Holm, 114 F.Supp.2d 706 (M.D.Tenn. 2000).
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Related legal case
Evans v. Holm
| Year | 2000 |
|---|---|
| Cite | 114 F.Supp.2d 706 (M.D.Tenn. 2000) |
| Level | District Court |
| Injunction Status | N/A |