Hayes v. Faulkner County, Ark.

U.S. Appeals Court

INITIAL APPEARANCE

Hayes v. Faulkner County, Ark., 388 F.3d 669 (8th Cir. 2004). An arrestee brought a [section] 1983 action against a county, sheriff and jail administrator, stemming from his 38-day detention prior to an initial court appearance. The district court entered judgment in favor of the arrestee and the defendants appealed. The appeals court affirmed. The court held that the county's detention policy was deliberately indifferent to the substantive due process rights of the arrestee and that the 38-day detention of the arrestee shocks the conscience. The county's detention policy involved the sheriff's office submitting names of those confined in jail to the court, and then waiting for the court to schedule a hearing. The court found that the policy improperly delegated the responsibility of bringing arrestees promptly to court for first appearance, and ignored the lack of authority for long-term confinement. The court held that the jail administrator was deliberately indifferent because he did nothing about the lengthy detention, even after he received four separate grievances from the arrestee. The administrator testified that he would have continued to wait for the court to schedule an appearance, even if the arrestee were held for 99 days. According to the court, a reasonable official would know that detentions of less than 38 days violated a state criminal procedural rule and the constitutional rights of the arrestee. The arrestee had been ticketed for not having automobile tags and insurance and had failed to appear in municipal court, resulting in the issuance of a bench warrant. When he was stopped for a traffic violation he was arrest on the warrant and did not post the $593 cash-only bond at the jail. (Faulkner County Jail, Arkansas)