O.C.G.A.

O.C.G.A. § 42-4-9 (2019)

Conditions for receipt of federal prisoners

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The keeper of a county jail may decline to receive a person from the custody of anyone acting under the authority of the United States government. He may receive the person if the consent of the authority having control of county matters is first obtained. If the keeper receives the person he shall have the same duties and responsibilities toward him as in the case of inmates committed under the authority of this state.

History

Orig. Code 1863, § 334; Code 1868, § 395; Code 1873, § 359; Code 1882,

§ 359; Ga. L. 1889, p. 47, § 2; Penal Code 1895, § 1123; Penal Code 1910, § 1152; Code 1933, § 77-106.

Annotations

JUDICIAL DECISIONS Liability for mistreatment of federal prisoner. - In the absence of Georgia statutory law there would be no liability on the part of a jailer for mistreatment of a United States prisoner whom a jailer is not required to receive. Tate v. National

Sur. Corp., 58 Ga. App. 874, 200 S.E. 314, 1938 Ga. App. LEXIS 162 (1938). Keeper of county jail officer of United States court. - Keeper of a county jail of a state, who receives prisoners for the federal government, and is paid

for their maintenance, is an officer of the United States court. In re Birdsong, 39 F. 599, 1889 U.S. Dist. LEXIS 155 (D. Ga. 1889). See Erwin v. United States, 37 F.

470, 1889 U.S. Dist. LEXIS 17 (D. Ga. 1889), rev’d, United States v. King, 147 U.S. 676, 13 S. Ct. 439, 37 L. Ed. 328, 1893 U.S. LEXIS 2195 (1893).

RESEARCH REFERENCES C.J.S. 72 C.J.S., Prisons and Rights of Prisoners, § 3.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Ralk v. Lincoln Cnty., Ga., 81 F. Supp. 2d 1372 (S.D. Ga. 2000).
Ralk v. Lincoln Cnty., Ga., 81 F. Supp. 2d 1372 (S.D. Ga. 2000). · cites it 2× “” O.C.G.A. § 42-4-9 (1997). 3 . Ralk argues that Williams' deposition testimony is inconsistent with his affidavit.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.