Opinion

William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland

  • 407 F.2d 781
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 4, 1969
Status
Published
On the bench
Goldberg, Clayton, Hannay
Cited by
248 cases

holding that a “breakdown in communication” between the District Attorney, the Court, and the Sheriff, which led the plaintiff to “languish[ ] in jail for almost nine months after all charges against him were dismissed,” was sufficient to sustain the plaintiffs Fourteenth Amendment due process claim under § 1983

How later courts described this case

  • holding that a “breakdown in communication” between the District Attorney, the Court, and the Sheriff, which led the plaintiff to “languish[ ] in jail for almost nine months after all charges against him were dismissed,” was sufficient to sustain the plaintiffs Fourteenth Amendment due process claim under § 1983
  • concluding that a jailer does not commit “an instant tort at the moment” the prisoner is entitled to release; instead, a jailer’s “duty to his prisoner is not breached until the expiration of a reasonable time for the proper ascertainment of the authority upon which his prisoner is detained.”
  • explaining that a sheriff’s “duty to his prisoner is not breached until the expiration of a reasonable time for the proper ascertainment of the authority upon which his prisoner is 11 detained,” and holding that nine months was an unreasonable amount of time
  • recognizing that unlike “errors in a [facially-valid] warrant,” which are subject to the control of the courts, sheriffs are responsible for holding a prisoner “in jail without a court order or written mittimus”

Written by the judges who cited it.

The opinion

On Petition for Rehearing and Rehearing En Banc

PER CURIAM:

The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the *799 Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

COLEMAN and SIMPSON, Circuit Judges, dissent from the denial of rehearing en banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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