No. 18-7

Choctaw County, Mississippi, et al. v. Jessica Jauch

Lower Court: Fifth Circuit
Docketed: 2018-06-29
Status: Denied
Type: Paid
Response RequestedRelisted (4)
Tags: 14th-amendment 42-usc-1983 capias county-liability due-process fourteenth-amendment pretrial-detention procedural-due-process qualified-immunity section-1983
Latest Conference: 2018-12-07 (distributed 4 times)
Question Presented (from Petition)

The Sheriff's Department detained Respondent
for ninety-six days pursuant to a capias issued by the
state circuit court following a grand jury's indictment
for the sale of a controlled substance. The capias commanded the Sheriff to "take" and "safely keep" Respondent "so that you have his/her body before the
Circuit Court of Choctaw County" at the next immediate term of court. Respondent was arrested on unrelated charges after an intervening term of court. The
questions presented are:

1. Whether a pretrial detainee's procedural due
process rights under the Fourteenth Amendment have been violated when she was held
for ninety-six days pursuant to a capias issued
by a state circuit court following a grand jury
indictment and when she was otherwise afforded all procedural due process safeguards
to which she was entitled under state law.

2. Whether a county and local county sheriff can
be held liable under 42 U.S.C. § 1983 for a
pretrial detainee's ninety-six-day detention
where the moving force behind the deprivation of her protected liberty interest are state
court rules, a capias issued by a state circuit
court following a grand jury indictment, and
statutory law.

3. Whether a pretrial detainee's Fourteenth
Amendment liberty interest to be free from
detention following a grand jury indictment
was clearly established at the time of Respondent's detention so as to deny qualified
immunity to the local county sheriff.

Question Presented (AI Summary)

Whether a pretrial detainee's procedural due process rights were violated

Docket Entries

2018-12-10
Petition DENIED.
2018-12-03
DISTRIBUTED for Conference of 12/7/2018.
2018-11-29
Rescheduled.
2018-11-26
DISTRIBUTED for Conference of 11/30/2018.
2018-11-15
Rescheduled.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-17
Brief of respondent Jessica Jauch in opposition filed.
2018-09-07
Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2018.
2018-09-05
Motion to extend the time to file a response from September 17, 2018 to October 17, 2018, submitted to The Clerk.
2018-08-16
Response Requested. (Due September 17, 2018)
2018-08-15
DISTRIBUTED for Conference of 9/24/2018.
2018-06-27
Petition for a writ of certiorari filed. (Response due July 30, 2018)

Attorneys

Choctaw County, et al.
Daniel J. GriffithJacks Griffith Luciano, P.A., Petitioner
Jessica Jauch
Victor Israel FleitasVictor I. Fleitas, P.A., Respondent