By: WISCONSIN LAW JOURNAL STAFF//November 20, 2012//
United States Court of Appeals For the Seventh Circuit
Civil
Civil Rights — unreasonable detention
Summary judgment was properly granted to the defendant, even though the plaintiff was held in jail nine days without being charged with a crime.
“The Sheriff brought Holloway before the court within seventy-two hours of his arrest for an initial hearing, followed the court’s order in holding him without bond, and released him promptly when the prosecutor did not file charges within the time permitted by the court. There is no evidence that the Sheriff intended to do anything but follow the court’s direction. Ultimately, the Sheriff’s conduct did not offend the standards of due process and the circumstances of this case do not shock the conscience.”
Affirmed.
12-2592 Holloway v. Delaware County Sheriff
Appeal from the United States District Court for the Southern District of Indiana, Magnus-Stinson, J., Flaum, J.