Legal Opinion

Tarapchak v. Lackawanna County

District Court, M.D. Pennsylvania

Decided March 24, 2016No. CIVIL ACTION NO. 15-2078PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM.

KEARNEY, District Judge.

' Arrested persons awaiting trial are entitled to due process whether they are detained in prison or released on bail. If the state has probable cause to believe a person violated terms of house arrest on bail, it can investigate and recommend charges for bail violations. We now face an apparent wrinkle where Lackawanna County allows its Director of House Arrest, accompanied by a corrections officer, to hold a prison hallway “hearing” to interrogate a person allegedly violating a house arrest condition without counsel. Following this.hallway hearing, the…

2Cases cited77 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Strickland v. WashingtonSupreme Court of the United States · 1984
  4. Miranda v. ArizonaSupreme Court of the United States · 1966
  5. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978

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3Cited by22 opinions

  1. Allen v. WellsDistrict Court, M.D. Pennsylvania · 2023
  2. Bramble v. WetzelDistrict Court, M.D. Pennsylvania · 2022
  3. Charles Picarella Jr. v. County of Northumberland, et al.District Court, M.D. Pennsylvania · 2026
  4. Delorenzo v. BuglioDistrict Court, M.D. Pennsylvania · 2022
  5. Eiswerth v. Lackawanna County Sheriff's DepartmentDistrict Court, M.D. Pennsylvania · 2025

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