Fowler
Fowler v. Block
Opinion
Opinion
Rea, J.
AMENDED ORDER DENYING DEFENDANTS’ MOTION FOR RECONSIDERATION OF THE COURT’S DENIAL OF QUALIFIED IMMUNITY TO SHERMAN BLOCK AND DENYING QUALIFIED IMMUNITY TO THE DEPUTY DEFENDANTS
BACKGROUND
I. Factual Introduction
The instant matter arises from Plaintiffs claim that he was deprived of his constitutional rights when he was “over-detained” by the Los Angeles County Sheriffs Department.
In his Amended Complaint, Plaintiff alleges that he was acquitted on January 3, 1997 of certain criminal charges in a state court proceeding and then returned to the County Jail and held in custody without proper legal cause until January 5, 1997. (Plaintiffs Amended Complaint at 10.) The gravamen of Plaintiffs claim is that such “over-detention” violated his Fourth Amendment rights since there was no probable cause to “rearrest” him after acquittal, and his Fourteenth Amendment right not to be deprived of liberty without due process of law. In contravention, Defendants argue that such “over-detention” is not a constitutional violation, but rather, a necessary step in performing the required administrative discharge of an incarcerated person.