Bunyon v. Burke County.

• Position: ACCESS TO COURT - Brief Article

U.S. District Court

INITIAL APPEARANCE

Bunyon v. Burke County, 285 F.Supp.2d 1310 (S.D.Ga. 2003). An arrestee brought an action against municipal officials alleging due process violations and false imprisonment. The district court held that the arresting officer violated the arrestee's due process rights by failing to take the arrestee before a judicial officer, and that a false imprisonment claim against the officer was viable. The court found that the officials responsible for incarcerating the arrestee for misdemeanor violations violated the arrestee's due process rights by failing to afford him an opportunity to post bail as required under state law. According to the court, the law clearly established that a pretrial detainee could not be detained for...