Choctaw County, Mississippi, et al. v. Jessica Jauch
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.
Whether a pretrial detainee's procedural due process rights were violated