US Court of Appeals for the Fifth Circuit Opinions
Jauch v. Choctaw County
Opinion Date: October 24, 2017
Judge: Thomas Morrow Reavley
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
A pre-trial detainee denied access to the judicial system for a prolonged period has been denied basic procedural due process. In this case, plaintiff was indicted by a grand jury, arrested, and put in jail where she waited for 96 days to be brought before a judge and was effectively denied bail. The Fifth Circuit held that this excessive detention deprived plaintiff of liberty without legal or due process in violation of the Fourteenth Amendment. Accordingly, the court reversed the district court's judgment and remanded for further proceedings.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm