DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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]