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WIRTH v. SURLES

No. 76-1597.

562 F.2d 319 (1977)

William John WIRTH, Appellant, v. R. R. SURLES, Officer, State Highway Patrol, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1977.

Attorney(s) appearing for the Case

Robert E. McCormack, Third Year Law Student (Michael E. Geltner, App. Litigation Clinic, Washington, D. C., on brief), for appellant.

H. Brent Fortson, Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., Treva G. Ashworth, Asst. Atty. Gen., Columbia, S. C., and Richard D. Bybee, Legal Asst., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

The plaintiff, William John Wirth, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 seeking damages from R. R. Surles, an officer of the South Carolina Highway Patrol, for allegedly taking Mr. Wirth into custody, forcibly removing him from the State of Georgia and returning him to the State of South Carolina without first having Wirth extradited. The district court,

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