Montano v. Wilson

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 arresting officer.