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033787P.pdf   10/29/2004  James M. Hayes  v.  Faulkner Cty., AR
   U.S. Court of Appeals Case No:  03-3787
   Eastern District of Arkansas   
Prisoner case - prisoner civil rights. Thirty-eight day pre-appearance detention violated Hayes' right to due process; the Due Process clause forbids an extended detention, without a first appearance, following arrest by warrant; county policy which delegated responsibility to submit names of confinees to the court and ignored the jail's responsibilities for long- term confinement constituted deliberate indifference to prisoner rights which shocked the judicial conscience; jail official was not entitled to qualified immunity on the claim because the Arkansas Rules of Criminal Procedure, which a reasonable officer should know, guarantee the right to an appearance without delay; attorneys' fees award affirmed. [PUBLISHED] [Benton, Author, with Murphy and McMillian, Circuit Judges]