×
You have 2 more free articles available this month. Subscribe today.
County Immune for Holding Federal Detainee Without Court Hearing
The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: it acted pursuant to the federal marshals' instructions and to a state statute requiring it to hold persons committed pursuant to federal authority, and it had no authority anyway to bring the plaintiff before a federal magistrate. For similar reasons, the plaintiff has no tort claim for false imprisonment. See: Estate of Brooks ex rel. Brooks v. United States, 197 F.3d 1245 (9th Cir. 1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Estate of Brooks ex rel. Brooks v. United States
| Year | 1999 |
|---|---|
| Cite | 197 F.3d 1245 (9th Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |