· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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