Choctaw County, Mississippi, et al. v. Jessica Jauch

The Sheriff ’s Department detained Respondent for ninety-six days pursuant to a capias issued by the state circuit court following a grand jury’s indictment for the sale of a controlled substance. The capias commanded the Sheriff to “take” and “safely keep” Respondent “so that you have his/her body before the Circuit Court of Choctaw County” at the next immediate term of court. Respondent was arrested on unrelated charges after an intervening term of court. The questions presented are:

1. Whether a pretrial detainee’s procedural due process rights under the Fourteenth Amendment have been violated when she was held for ninety-six days pursuant to a capias issued by a state circuit court following a grand jury indictment and when she was otherwise afforded all procedural due process safeguards to which she was entitled under state law.

2. Whether a county and local county sheriff can be held liable under 42 U.S.C. § 1983 for a pretrial detainee’s ninety-six-day detention where the moving force behind the deprivation of her protected liberty interest are state court rules, a capias issued by a state circuit court following a grand jury indictment, and statutory law.

3. Whether a pretrial detainee’s Fourteenth Amendment liberty interest to be free from detention following a grand jury indictment was clearly established at the time of Respondent’s detention so as to deny qualified immunity to the local county sheriff.