Holding a pre-trial detainee 96 days before bringing her before a judge violated due process, the U.S. Court of Appeals for the Fifth Circuit held Oct. 24 ( Jauch v. Choctaw County , 2017 BL 381459, 5th Cir., No. 16-60690, 10/24/17 ).
The district court’s conclusion that the prolonged detention was valid under the Fourth Amendment because the defendant was arrested pursuant to a valid warrant was rejected in a decision by Judge Thomas M. Reavley.
A warrant was issued for Jessica Jauch after a grand jury decided there was probable cause to believe she distributed a controlled substance. She insisted she was innocent, but the sheriff said that she couldn’t see a judge until the court that issued the warrant returned for its next term—96 days later. The charge was dropped.
Jauch claimed the lengthy detention was unconstitutional. The district court decided Jauch’s due process claim was actually a Fourth Amendment claim. But because probable cause supported Jauch’s arrest, there was no constitutional violation, the court said.
But that would mean that any lengthy pre-trial detention is constitutional if supported by probable cause, the appellate court said. That’s wrong, a 14th Amendment due process analysis applies, it said.
There is a circuit split over whether a substantive or procedural due process analysis applies to a violation of a prisoner’s liberty interest, but the Fifth Circuit applied a procedural analysis.
An “indefinite pre-trial detention without an arraignment or other court appearance offends fundamental principles of justice deeply rooted in the conscience of our people,” it said.
Judges Catharina Haynes and Gregg J. Costa joined the opinioin.
Victor I. Fleitas, Tupelo, Miss., represented Jauch. Jacks Griffith Luciano PA represented the county and sheriff.
To contact the reporter on this story: Bernie Pazanowski in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Full text at http://src.bna.com/tFw.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)