(DOWNLOAD) "Luck v. Rovenstine" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Luck v. Rovenstine
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 16, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
When a law enforcement officer makes a warrantless arrest, the Fourth Amendment entitles the arrestee to a prompt probable cause hearing before a Judge or magistrate. Gerstein v. Pugh, 420 U.S. 103, 113-14 (1975). According to the Supreme Court, "prompt" in this context means, under most circumstances, within 48 hours. County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991). In this case, Billy Luck was jailed for more than a week, with no Gerstein hearing, after an Indiana state trooper arrested him without a warrant and turned him over to the custody of the Kosciusko County, Indiana, Sheriff, Al Rovenstine. Luck sued both the arresting officer and the sheriff, but only his claim against the sheriff in his personal and official capacities remains. The district court granted summary judgment in the sheriffs favor on both claims. We agree that Luck failed to raise a genuine issue of fact about the sheriffs individual liability to him, but we find that Luck established enough to survive an adverse summary judgment on his official capacity claim, and we therefore reverse and remand for further proceedings on that count alone.
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