Brown v. Nutsch

FLOYD R. GIBSON, Senior Circuit Judge.

In these two cases, consolidated for review, Albert Brown and McKinley Robinson appeal the District Courts’ dismissals, for failure to state a cause of action, of their damage suits brought under 42 U.S.C. § 19831 alleging improper interstate extradition in violation of Article IV, § 2 of the United States Constitution, the extradition clause,2 and 18 U.S.C. § 3182, the extradi*761tion statute.3 The threshold question involved in both of these cases is whether section 1983 provides a remedy for improper extradition. We find that the extradition clause and…