Skip navigation

County Immune for Holding Federal Detainee Without Court Hearing

The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: it acted pursuant to the federal marshals' instructions and to a state statute requiring it to hold persons committed pursuant to federal authority, and it had no authority anyway to bring the plaintiff before a federal magistrate. For similar reasons, the plaintiff has no tort claim for false imprisonment. See: Estate of Brooks ex rel. Brooks v. United States, 197 F.3d 1245 (9th Cir. 1999).

Related legal case

Estate of Brooks ex rel. Brooks v. United States