Stanley Meadows, Michael Henley & Waverly E. Futrell v. United States Marshal, N. Dist. of Georgia, 434 F.2d 1007 (5th Cir. 1970). · Go Syfert
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Stanley Meadows, Michael Henley & Waverly E. Futrell v. United States Marshal, N. Dist. of Georgia, 434 F.2d 1007 (5th Cir. 1970). Cases Citing This Book View Copy Cite
13 citation events across 8 distinct courts.
Strongest positive: In Re Witness Fees for Prisoner (paed, 1982-03-01)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) In Re Witness Fees for Prisoner
E.D. Pa. · 1982 · confidence medium
The court, quoting the trial judge’s order, noted that no authority supported the proposition that prisoners are entitled to such compensation, and reasoned that because “prisoners are in the custody of the Attorney General . . . they are not in a position similar to ordinary witnesses who must incur private costs in order to testify.” Id. 1008.
discussed Cited as authority (rule) Marchese v. United States
Ct. Cl. · 1972 · confidence medium
“Such prisoners are In the custody of the Attorney General, and they are not in a position similar to ordinary witnesses who must incur private costs In order to testify.” 434 F. 2d at 1008. “(1) Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the united States or in any place subject to its jurisdiction.” He also agrees that he was never mistreated while in New York.
cited Cited "see" Marks v. Calendine
N.D.W. Va. · 1978 · signal: see · confidence high
See Meadows v. United States Marshal, 434 F.2d 1007 (5th Cir. 1970).
Retrieving the full opinion text from the archive…
Stanley MEADOWS, Michael Henley and Waverly E. Futrell, Petitioners-Appellants,
v.
UNITED STATES MARSHAL, NORTHERN DISTRICT OF GEORGIA, Respondent-Appellee
30310.
Court of Appeals for the Fifth Circuit.
Dec 1, 1970.
434 F.2d 1007
Stanley Meadows, pro se., Michael Henley, pro se., Waverly E. Futrell, pro se., John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.
Bell, Ainsworth, Godbold.
Cited by 1 opinion  |  Published
PER CURIAM:

This is an appeal from the District Court’s denial of a petition for a writ of mandamus. The order appealed from is appended to this opinion. For the reasons stated therein, the order is affirmed.

APPENDIX

United States District Court

Northern District of Georgia Atlanta Division

Stanley Meadows, Michael Henley and Waverly E. Futrell,

Civil Action No. 13870

versus

United States Marshal,

Northern District of Georgia

ORDER

Stanley Meadows, Michael Henley and Waverly E. Futrell, prisoners in custody at the United States Penitentiary, Atlanta, Georgia, seek to file a petition for a writ in the nature of mandamus, pursuant to 28 U.S.C. § 1361. The petition is allowed filed in forma pauperis.

Petitioners claim they are entitled to witness fees for testifying in federal court on behalf of Donald Luckett, a federal prisoner, who was being prosecuted by the government for an alleged assault which took place within the penitentiary. Petitioners were allegedly notified on April 13, 1970, that they were to “standby” for call as witnesses in Luckett’s case. This standby status prevented petitioners from working their jobs in the prison industries, thereby causing them to lose wages. Petitioners remained on standby until they were called as witnesses on April 17, 1970. Petitioners are seeking per diem and mileage compensation for their services as witnesses, pursuant to 28 U.S.C. § 1821.

No authority has been cited, and this court is aware of none, for the proposition that federal prisoners are entitled to compensation for serving as witnesses in federal court. Such prisoners are in the custody of the Attorney General, and they are not in a position similar to ordinary witnesses who must incur private costs in order to testify. Mandamus relief is proper only where the duty owed is clear. This is not such a case.

The petition for a writ in the nature of mandamus, pursuant to 28 U.S.C. § 1361, is denied.

So ordered this the 17th day of June, 1970.

(Signed)

ALBERT J. HENDERSON, JR. Judge, United States District Court for the Northern District of Georgia