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Texas A&M Law Review

Document Type

Arguendo (Online)

Abstract

In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held that the Fourth Amendment governs a claim sought under 42 U.S.C.A. § 1983 for unlawful pretrial detention, even after the start of the legal process. Following the “broad consensus among the circuit courts,” the Court overturned the Seventh Circuit’s holding that pretrial detention following the start of the legal process was a claim under the Due Process Clause instead of the Fourth Amendment. This note will argue that the Court’s majority opinion correctly held that the Fourth Amendment governs a claim for unlawful pretrial detention both before and after the legal process begins, but the Court incorrectly remanded the statute of limitations issue to the lower court. This note discusses the following: (1) the Fourth Amendment, including its definition, scope, evolution, and remedies; (2) the case at issue; and (3) an analysis of the Court’s holdings.

First Page

47

Last Page

53

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