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Illegal Detention Violates Substantive Due Process
Loaded on April 15, 1999
published in Prison Legal News
April, 1999, page 15
The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was clearly established, and the defendants were not …
Filed under:
Civil Procedure,
State Law Claims,
Wrongful Imprisonment,
Qualified Immunity,
Supervisory Liability,
Municipal Liability.
Location:
Indiana.
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More from this issue:
- The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
- Medical Care Unconstitutional in Puerto Rico Prisons
- From the Editor, by Paul Wright
- PLN Sues Michigan DOC over Censorship of The Celling of America
- Michigan Department of Corrections Fined $300,000 in Contempt Case
- Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
- Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
- Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
- PLRA Exhaustion Requirement Not Retroactive
- PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
- Eighth Circuit Upholds, Defines IFP Provisions
- IFP Application Not Required When Suit Filed
- Physical Injury Requirement Not Retroactive
- No Leave to Amend Complaint for IFP Litigants
- PLRA Doesn't Ban Class Actions
- Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
- Daring Death Row Escape Shakes up Texas
- Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
- De Facto Ban on Live Testimony Unconstitutional
- South Carolina Parole Elimination Violates Ex Post Facto
- Illegal Detention Violates Substantive Due Process
- Jury Awards $8,000 in California Prison Assault
- New York Prisoners Have Right to Staff Assistance and Witness Testimony
- Seventh Circuit Defines Court Access Claims Involving Property
- Failure to Give Summary Judgement Notice is Reversible Error
- Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
- No Appeal Allowed in Louisiana Consent Decree Dissolution
- U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
- Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
- $45,000 Award in BOP Tort Claim Medical Neglect Suit
- Released Sex Offender Not "In Custody" for Habeas
- New York Jail Brutality Suit Settled for $3,500
- Timothy "Little Rock" Reed Released on Parole
- $1,500 in Disabled Prisoner Work Suit
- $355,000 Verdict in New York Asthma Death
- Mauro Vacated for Rehearing
- Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
- BOP Violent Offender Notification Policy Overinclusive
- Twenty-Four Hour Notice of Disciplinary Charges Required
- Seizure of Trust Account Interest Violates Takings Clause
- Denial of Handicapped Jail Facilities Set for Trial
- News in Brief
- Cane Seizure Can Violate Eighth Amendment
- $250,000 FTCA Beating Judgment Reversed
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- New York Prisoner, Paroled After 25 Years, Exonerated of Crime, June 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Evidence - Failure to Disclose, Prosecutorial Threats, Brady/Giglio/Jencks Act Issues.

