Legal Opinion
Moya v. Garcia
Court of Appeals for the Tenth Circuit
Decided April 24, 2018No. 17-2037PublishedCited by 2 opinions
1Opinion of the Court
BACHARACH, Circuit Judge.
This appeal involves claims of overdetention by Mr. Mariano Moya and Mr. Lonnie Petry. Both men were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments. These arraignment delays violated New Mexico law, which requires arraignment of a defendant within 15 days of arrest. N.M. Stat. Ann. § 31-1-3 ; Rule 5-303(A) NMRA.
The arraignment delays led Mr. Moya and Mr. Petry to sue under 42 U.S.C. § 1983 for deprivation of due process, alleging claims against
• Sheriff Robert Garcia, Warden Mark Caldwell, and…
Also in this document: Concurring in part, dissenting in part.
2Cases cited53 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Graham v. ConnorSupreme Court of the United States · 1989
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
48 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Halley v. HuckabyCourt of Appeals for the Tenth Circuit · 2018
- Johnson v. Oklahoma Department of Veterans AffairsDistrict Court, W.D. Oklahoma · 2021