Legal Opinion

Rivera v. Santirocco

Court of Appeals for the Second Circuit

Decided March 23, 1987No. Nos. 384, 798, Docket Nos. 86-2294, 86-2401PublishedCited by 14 opinions

1Opinion of the Court

LUMBARD, Circuit Judge:

These two appeals, consolidated for decision, present the same question: Whether a federal district court, having issued a writ of habeas corpus ad testificandum, has the power to direct the United States Marshals Service to take custody of a state prisoner produced under the writ, and the United States Bureau of Prisons to house him, during trial of that prisoner’s civil rights action against state officials under 42 U.S.C. § 1983. We believe that it does.

I

Hector Rivera, an inmate of the Clinton Correctional Facility in the custody of the New York State Department of…

2Cases cited13 opinions

  1. United States v. BaileySupreme Court of the United States · 1980
  2. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  3. Pennsylvania Bureau of Correction v. United States Marshals ServiceSupreme Court of the United States · 1985
  4. Johnston v. MarshCourt of Appeals for the Third Circuit · 1955
  5. In Re KaineSupreme Court of the United States · 1853

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bobby Ivey v. Michael K. Harney, Appeal of Illinois Department of CorrectionsCourt of Appeals for the Seventh Circuit · 1995
  2. DuPree v. WaltersDistrict Court, S.D. New York · 1987
  3. Bill Sampley and Michael Holland v. Jack Duckworth, in His Personal CapacityCourt of Appeals for the Seventh Circuit · 1995
  4. United States v. MandelDistrict Court, E.D. New York · 1994
  5. Baltas v. DonesDistrict Court, D. Connecticut · 2025

9 more not listed; retrieve them via the Exa API.

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