U.S. district court: unlawful detention.

PositionFailure to Protect

Green v. Baca, 306 F.Supp.2d 903 (C.D.Cal. 2004). An arrestee sued a county sheriff, seeking damages for his alleged over-detention. The district court denied summary judgment for the sheriff, in part. The court held that fact issues as to the reasonableness of a twelve and one-half hour delay, between receipt of an order authorizing release of the arrestee and the execution of the order, precluded summary judgment. The court found that Fourteenth Amendment due process standards, rather than the Fourth Amendment search and...

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