Wrongful Pretrial Detention

A claim alleging unlawful arrest and pretrial detention that occur prior to a detainee’s first appearance before a court sounds in the Fourth Amendment—and not the Due Process Clause of the Fourteenth Amendment.

Sheriff violated Fourth Amendment when in place of court-ordered release on specific terms, he substituted prolonged detentions and significant restraints on pretrial release of his own devising, causing jailing of group of plaintiffs from three to fourteen days.