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STEWART v. BAILEY

No. 92-6911.

7 F.3d 384 (1993)

John Wesley STEWART, Plaintiff-Appellant, v. Randy BAILEY; Larry Huffman; Cindy S. Staton; Other John Does; Jerry P. Mitchell, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Mark Mendelsohn, Third-Year Law Student, Harold J. Krent, Professor, Post-Conviction Assistance Project, University of Virginia School of Law, Charlottesville, VA, argued, for plaintiff-appellant.

Pamela Sargent, Asst. Atty. Gen., Richmond, VA, argued (Melissa Warner Scoggins, Gentry, Locke, Rakes & Moore, Roanoke, VA, on brief), for defendants-appellees.

OPINION

ERVIN, Chief Judge:

John Wesley Stewart, a Virginia prison inmate, brought this action pursuant to 42 U.S.C. § 1983 after prison officials permitted a sheriff's deputy to transport him to West Virginia on the authority of a writ of habeas corpus ad prosequendum issued by a West Virginia state court. Stewart claimed that the prison officials' failure to abide by Virginia's established statutory procedures for transferring prisoners into...

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