Moya v. Garcia

Two pretrial detainees spend over 30 days in Santa Fe County, N.M. jail before seeing a judge, even though state law requires arraignment within 15 days. Can they sue the sheriff, warden, or county? Nah, it’s up to the court to schedule arraignments, says the Tenth Circuit; the court, not the defendants, caused plaintiffs’ overdetention. Partial dissent: Defendants had the keys to plaintiffs’ cells; rather than hold them unlawfully, they could have, among other things, taken them to court unscheduled or set them free. (But only the claims against the county should go forward (because qualified immunity).)

Tags: 2018, Due Process, Qualified Immunity, Tenth Circuit

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