Lingenfelter v. Bd. Of County Com'rs of Reno Cty.U.S. District Court DUE PROCESS ACCESS TO COURT INITIAL APPEARANCE Lingenfelter v. Bd. Of County Com'rs of Reno Cty., 359 F.Supp.2d 1163 (D.Kan. 2005). A detainee de·tain·ee n. A person held in custody or confinement: a political detainee. Noun 1. detainee - some held in custody political detainee filed a civil rights complaint alleging that he was arrested without a warrant and detained de·tain tr.v. de·tained, de·tain·ing, de·tains 1. To keep from proceeding; delay or retard. 2. To keep in custody or temporary confinement: unlawfully for eight days without a judicial determination of probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. . The district court denied the defendants' motion to dismiss. The court held that the detainee stated a claim for violation of his right to a prompt judicial determination of probable cause. The court found that the detainee state a claim against a sheriff in his official and personal capacities, and denied qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. from liability for the sheriff. The court found that the facts could conceivably con·ceive v. con·ceived, con·ceiv·ing, con·ceives v.tr. 1. To become pregnant with (offspring). 2. be produced that the sheriff's alleged policy or custom of not effectuating probable cause determinations for detainees who were arrested without a warrant was a substantial factor in bringing about the alleged violation. (Reno County Jail, Kansas) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion