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· 6/29/2010

Aldini v. Johnson

Citations

  • 609 F.3d 858
  • 2010 U.S. App. LEXIS 13207
  • 2010 WL 2573467

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Fourth Amendment applies to pretrial detainees until the detainee has been arraigned
  • “[B]ecause the Fourth Amendment controls the permissible duration of ‘warrantless, post-arrest, pre-arraignment custody,’ it must also ‘apply to evaluate the condition of such custody.’”
  • “Section 1983 does not confer substantive rights but merely provides a means to vindicate rights conferred by the Constitution or laws of the United States”
  • “The Supreme Court has deliberately left undecided the question of whether the Fourth Amendment continues to provide protection against deliberate use of excessive force beyond the point at which arrest ends and pretrial detention begins.”
  • “[T]he seizure that occurs when a person is arrested continues throughout the time the person remains in the custody of the arresting officers.” (quoting Phelps v. Coy, 286 F.3d 295, 300 (6th Cir. 2002))

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Boggs, Cole

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.