Keith Smith v. City of Chicago, Illinois, et al.
SocialSecurity FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Does a claim for wrongful pre-trial detention accrue upon favorable termination or release on bail?
QUESTIONS PRESENTED 1. Does a claim brought under 42 U.S.C. § 1983 seeking damages for wrongful pre-trial detention caused by the fabrication of evidence accrue upon the favorable termination of criminal proceedings (as the majority of circuits hold) or when the criminal defendant is released on bail pending trial (as the Seventh Circuit held below)? 2. Ifthe claim accrues before the favorable termination of criminal proceedings, does a pre-trial detainee who is released on bail remain subject to a seizure under the Fourth Amendment when the conditions of bail restrict freedom of travel and require monthly court appearances (as three circuits hold) or do those conditions of bail not implicate the Fourth Amendment (as the Seventh Circuit held below)? @