Legal Opinion
Walter Richard Kyle II v. Detective Lawrence Patterson, Officer Andrew Bell, Officer Porter
Court of Appeals for the Seventh Circuit
Decided November 10, 1999No. 97-2873PublishedCited by 68 opinions
1Opinion of the Court
TERENCE T. EVANS, Circuit Judge.
This case raises one question: Is a person, held in police custody several hours (13 here to be exact) longer than permissible under the law, entitled to punitive damages against the law enforcement officers responsible for his illegal detention in the absence of evidence of evil motives or deliberate indifference? We say the answer is no, although our colleague, in a thoughtful dissent, takes a different view.
The law requires a “prompt” judicial determination of probable cause after a person is taken into custody. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854,…
2Cases cited9 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- Smith v. WadeSupreme Court of the United States · 1983
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- Memphis Community School District v. StachuraSupreme Court of the United States · 1986
- Iacobucci v. Town of PembrokeCourt of Appeals for the First Circuit · 1999
4 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Tyrone Calhoun v. George E. DetellaCourt of Appeals for the Seventh Circuit · 2003
- Alex Pearson v. Anthony RamosCourt of Appeals for the Seventh Circuit · 2001
- Steven Chortek, Greg Heitz, Jerry Mason v. City of Milwaukee, Arthur L. Jones and City of Milwaukee Police DepartmentCourt of Appeals for the Seventh Circuit · 2004
- Tom Heaney v. Christopher RobertsCourt of Appeals for the Fifth Circuit · 2017
- Reiner v. DandurandDistrict Court, N.D. Indiana · 2014
63 more not listed; retrieve them via the Exa API.