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Redpath v. Kissinger

415 F. Supp 566 (1976)

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Redpath v. Kissinger

United States District Court for the Western District of Texas
415 F. Supp 566 (1976)

Facts

Redpath (plaintiff), a United States citizen, was arrested in Mexico for writing bad checks. Redpath was appointed an attorney by the United States Consulate and ultimately sentenced to five years in Mexican prison. Redpath alleged that he was being tortured in Mexican prison. The State Department (defendant) conducted an inquiry into the matter and found the claims to be unsubstantiated. Redpath filed a writ of mandamus against the State Department of the United States, claiming that it violated 22 U.S.C. § 1732, which imposes a duty on the president’s administration to demand release of American citizens unjustly deprived of their liberties by foreign governments. The State Department filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Spears, C.J.)

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