Issue: 1. Whether the Tenth Circuit erred when
it held that the obligation to ensure
Gerstein v. Pugh
probable cause determinations rests independently
on the arresting officer, the
elected sheriff, and the detention center
warden, in their individual capacities, in
contradiction of state law, the directive
of the New Mexico Administrative Office
of the Courts, the authority of other
circuits, and common law, thereby subjecting
all detention center wardens,
sheriffs, and officers in the Tenth Circuit
to potential punitive damages and voluminous
litigation; and (2) whether, under County of Riverside v. McLaughlin , absent clear
state authority to the contrary, the
duty to ensure a prompt probable cause
determination rests exclusively with the
“People ask, ‘Why did you pick constitutional law?’ I mean, come on. Who, with a real opportunity to dig into a subject of law would not want that to be constitutional law? It has everything. It has history. It has moral philosophy. The meaning of liberty, of equality, of dignity. It has legal technicalities galore. It has precedent. It involves strategy, dealing with complicated human situations […]
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Sigma Delta Chi
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National Press Club Award
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American Gavel Award
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