Slade v. Hampton Roads Regional Jail.

Position:Slade v. Hampton Roads Regional Jail, 407 F.3d 243 - Brief Article
 
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U.S. Appeals Court

DUE PROCESS

COST OF CONFINEMENT

PRETRIAL DETAINEE

Slade v. Hampton Roads Regional Jail, 407 F.3d 243 (4th Cir. 2005). A pretrial detainee sued a jail, challenging the constitutionality of a one-dollar per day charge that was intended to partially defray the costs of incarceration. The district court dismissed the complaint and the detainee appealed. The appeals court affirmed, finding that the charge was not punishment, and therefore did not violate due process. According to the court, the state statute that authorized the charge expressed no intent to punish on its face, was an effort to...

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