36. Release.

U.S. Appeals Court

PROBATION- REVOCATION TIMELY RELEASE

Dawson v. Newman, 419 F.3d 656 (7th Cir. 2005). A former probationer brought a state court [section] 1983 action against a county superior court judge, county clerk of court, state corrections department and parole officials, alleging that his incarceration was wrongfully continued and he that he was wrongfully placed on parole supervision after his probation revocation was overturned on appeal. The district court dismissed the action and the probationer appealed. The appeals court affirmed in part, reversed in part, and remanded. The court held that the district court could not dismiss claims against the clerk, who had not moved for dismissal. The court found that a county superior court judge's failure to transmit a release order to the state department of corrections for the probationer whose probation was improperly revoked, was a judicial act and was not administrative or ministerial in nature, entitling the judge to absolute judicial immunity. The court held that parole officials were not entitled to absolute judicial immunity because their acts did not involve acts analogous to those performed by judges, but involved performance of their day-to-day duties in supervising parolees. The court noted that absolute judicial immunity is not limited to government officials with the title of judge. (Indiana Department of Corrections, Madison County Superior Court)

U.S. Appeals Court

TIMELY RELEASE PRETRIAL RELEASE

Golberg v. Hennepin County, 417 F.3d 808 (8th Cir. 2005). A detainee brought a civil rights action against a sheriff and county, alleging that she was subjected to an excessive delay in releasing her from custody. The district court granted summary judgment in favor of the defendants and tie detainee appealed. The appeals court affirmed. The detainee had appeared in court in response to a felony fraud charge. The court continued the proceeding but ordered the detainee to be booked at the detention center before her release. When detention center officials discovered that the detainee had two outstanding warrants they required her to post bail before she could be released. As a result, she remained in custody for 32 hours, including ten hours after her father posted the required bail. The court noted that the detainee conceded that the officials had probable cause to detain her after the outstanding warrants were discovered. The appeals court held that the Fourteenth Amendment...