Skip to main content
· 5/30/1989

Luther Wilkins, Jr. v. James A. May

Citations

  • 872 F.2d 190

How courts have described this case

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

  • holding that a combination of pre trial release restrictions, including restriction on interstate travel, amount to a seizure
  • noting that it would be \odd\ to find a violation of the Self-Incrimination Clause if a confession was not obtained and then used in a criminal case
  • concluding that no Fourth Amendment right applied at the moment the plaintiff alleged excessive force in a pretrial prison setting because the plaintiff had been “seized” for purposes of the Fourth Amendment when he was arrested previously, and not when the excessive force incident occurred
  • noting that both prisoners and those arrested, but not yet charged are entitled to Eighth Amendment protection
  • applying Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), to hold that a suspect may bring a federal cause of action under the Due Process Clause for police misconduct during custodial interrogation
  • relying on Edwards v. Giles without a discussion of the circumstances of the individual case

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Coffey, Kanne

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.