SMITH v. CUMMINGS

Nos. 05-3180, 05-3262.

445 F.3d 1254 (2006)

Todd Carlton SMITH, also known as Shameka Shemae Shamya, Plaintiff-Appellant, v. William CUMMINGS, Kansas Department of Corrections, in his official and individual capacity; Ray Roberts, Kansas Department of Corrections, in his official and individual capacity; Don Thomas, Kansas Department of Corrections, in his official and individual capacity; E.L. Rice, Kansas Department of Corrections, in his official and individual capacity; John Doe, as discovery may provide, in his official and individual capacity; Jane Doe, as discovery may provide, in her official and individual capacity; Steven Lafrinere, CO-I, Defendants-Appellees. Todd Carlton Smith, also known as Shameka Shemae Shamya, Plaintiff-Appellant, v. William Cummings, Kansas Department of Corrections, in his official and individual capacity; Ray Roberts, Kansas Department of Corrections, in his official and individual capacity; Don Thomas, Kansas Department of Corrections, in his official and individual capacity; E.L. Rice, Kansas Department of Corrections, in his official and individual capacity; Steven Lafrinere, CO-I, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 24, 2006.


Attorney(s) appearing for the Case

Todd Carlton Smith, also known as Shameka Shemae Shamya, pro se.

Ralph J. De Zago, Assistant Attorney General (Phill Kline, Attorney General), Topeka, KS, for Defendants-Appellees.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.


HARTZ, Circuit Judge.

Appellant Todd Carlton Smith is serving a life sentence imposed by the state of Florida. While incarcerated in Florida in 1994, he carried out a contract killing on a fellow inmate. In June 2002 he was transferred for his own protection to the Kansas Department of Corrections under the Interstate Corrections Compact (ICC). Mr. Smith alleges that he received the transfer out of Florida in settlement of legal claims he had against the Florida Department...

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