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
Key Terms:
SocialSecurity DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2018-12-07 (distributed 4 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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.

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