Monday, December 10, 2012

Sixth Circuit -- Gary Fields v. Henry County, Tennessee

County requirement that all domestic violence arrestees who are judged to pose a threat to the victim be detained for twelve hours (which, in practice, was extended to all domestic violence arrestees) does not violate 8th Amendment.

Challenging the systematic nature of a bond schedule is a due process claim.

No denial of bail in 12 hour hold - there is no right to speedy bail.

State pretrial hearings requirements are not constitutionally protected liberty interests for purposes of a Due Process claim.

Under Tennessee law, deft must prove feasibility of release on recognizance - bail is the default.

Gary Fields v. Henry County, Tennessee
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.