Posted On: March 12, 2011
CALIFORNIA CIVIL RIGHTS CASES: ANOTHER CASE OF OVERDETENTION
This is a § 1983 civil rights case regarding "overdetention" of jail inmates.
Here, the Court held that overdetention of 27 hours was not a matter of deliberate indifference (See, Monell 436 U.S. 691) where administrative processing led to 43 overdetentions and 50,957 timely releases, and where new procedures had ‘dramatically decreased’ overdetentions. MSJ properly granted. Law of case did not prevent MSJ where prior appellate opinion dealt with related issues, not issue presented on MSJ [subtle distinction].
Mortimer v Baca, 594 F.3d 714 (9th Cir. 2010)
