baker
mccollan
argued
april
decided
june
respondent
brother
somehow
procured
duplicate
respondent
driver
license
except
bore
brother
picture
brother
arrested
narcotics
charges
booked
respondent
name
released
bond
arrest
warrant
intended
brother
subsequently
issued
respondent
name
pursuant
warrant
respondent
protest
taken
custody
potter
county
sheriff
department
detained
jail
several
days
error
discovered
released
claiming
detention
jail
deprived
liberty
without
due
process
law
respondent
brought
action
district
petitioner
sheriff
potter
county
surety
imposes
civil
liability
person
color
state
law
subjects
another
deprivation
rights
secured
constitution
laws
district
directed
verdict
favor
petitioner
surety
appeals
characterizing
respondent
cause
action
false
imprisonment
action
reversed
holding
respondent
entitled
claim
presented
jury
even
though
evidence
supported
finding
negligence
petitioner
part
held
respondent
failed
satisfy
threshold
requirement
plaintiff
deprived
right
secured
constitutions
laws
hence
claim
cognizable
pp
absent
attack
validity
warrant
arrested
respondent
complaint
simply
despite
protests
mistaken
identity
detained
jail
three
days
whatever
claim
situation
might
give
rise
state
tort
law
gives
rise
claim
fourteenth
amendment
constitution
respondent
deprived
liberty
three
days
pursuant
warrant
conforming
requirements
fourth
amendment
detention
therefore
amount
deprivation
liberty
without
due
process
law
pp
respondent
innocence
charge
contained
warrant
relevant
tort
claim
false
imprisonment
largely
irrelevant
claim
deprivation
liberty
without
due
process
law
given
requirements
arrest
made
probable
cause
one
detained
accorded
speedy
trial
sheriff
executing
valid
arrest
warrant
required
constitution
investigate
independently
every
claim
innocence
whether
claim
based
mistaken
identity
defense
lack
requisite
intent
official
maintaining
custody
person
named
warrant
required
constitution
perform
investigation
claim
pp
tort
false
imprisonment
become
violation
fourteenth
amendment
merely
defendant
state
official
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
joined
blackmun
filed
concurring
opinion
post
marshall
filed
dissenting
opinion
post
stevens
filed
dissenting
opinion
brennan
marshall
joined
post
sorelle
iii
argued
cause
petitioner
briefs
kerry
knorpp
john
owen
douglas
larson
argued
cause
filed
brief
respondent
leon
friedman
alan
levine
harold
hirshman
filed
brief
american
civil
liberties
union
et
al
amici
curiae
justice
rehnquist
delivered
opinion
last
term
procunier
navarette
granted
certiorari
consider
question
whether
negligent
conduct
form
basis
award
damages
constitutional
violation
alleged
procunier
interference
part
prison
officials
prisoner
outgoing
mail
complaint
alleged
prison
officials
acted
every
conceivable
state
mind
knowingly
bad
faith
negligently
inadvertently
granted
certiorari
however
question
hether
negligent
failure
mail
certain
prisoner
outgoing
letters
cause
action
following
oral
argument
briefing
merits
held
since
constitutional
right
allegedly
violated
authoritatively
declared
time
prison
officials
acted
officials
entitled
matter
law
prevail
claim
qualified
immunity
quoting
wood
strickland
observed
prison
officials
reasonably
expected
aware
constitutional
right
yet
declared
act
disregard
established
law
conduct
reasonably
characterized
good
faith
thus
unnecessary
reach
question
certiorari
granted
instant
case
appeals
fifth
circuit
saw
focal
issue
whether
petitioner
baker
sheriff
potter
county
negligently
failed
establish
certain
identification
procedures
revealed
respondent
man
wanted
connection
drug
charges
arrested
accordingly
withheld
decision
opinion
procunier
handed
finding
guidance
procunier
question
whether
allegation
simple
negligence
claim
relief
appeals
proceeded
answer
question
affirmatively
holding
respondent
entitled
claim
presented
jury
even
though
evidence
supported
finding
negligence
part
sheriff
baker
granted
certiorari
around
track
procunier
supra
come
conclusion
question
whether
allegation
simple
negligence
sufficient
state
cause
action
elusive
appears
first
blush
may
well
susceptible
uniform
answer
across
entire
spectrum
conceivable
constitutional
violations
might
subject
action
event
relationship
defendant
state
mind
liability
meaningfully
explored
necessary
isolate
precise
constitutional
violation
charged
imposes
civil
liability
upon
one
color
statute
ordinance
regulation
custom
usage
state
territory
subjects
causes
subjected
citizen
person
within
jurisdiction
thereof
deprivation
rights
privileges
immunities
secured
constitution
laws
leonard
mccollan
respondent
linnie
carl
mccollan
brothers
leonard
somehow
procured
duplicate
linnie
driver
license
identical
original
every
respect
except
appeals
put
leonard
picture
graced
instead
linnie
mccollan
tate
october
leonard
masquerading
linnie
arrested
potter
county
narcotics
charges
booked
linnie
carl
mccollan
signed
various
documents
linnie
carl
mccollan
released
bail
linnie
carl
mccollan
leonard
bondsman
sought
received
order
allowing
surrender
principal
warrant
issued
arrest
linnie
carl
mccollan
december
linnie
stopped
dallas
running
red
light
routine
warrant
check
revealed
linnie
carl
mccollan
wanted
potter
county
respondent
taken
custody
protests
mistaken
identification
dallas
police
department
contacted
potter
county
sheriff
department
compared
identifying
information
respondent
driver
license
contained
potter
county
arrest
records
understandably
concluded
man
december
potter
county
deputies
took
custody
respondent
placed
potter
county
jail
amarillo
remained
january
officials
compared
appearance
file
photograph
wanted
man
recognizing
error
released
respondent
brought
damages
action
pursuant
fourteenth
amendment
constitution
app
party
rested
case
district
northern
district
texas
directed
verdict
favor
sheriff
baker
surety
transamerica
insurance
without
articulating
reasons
appeals
fifth
circuit
reversed
characterizing
respondent
cause
action
false
imprisonment
action
appeals
determined
respondent
made
prima
facie
case
showing
intent
confine
acts
resulting
confinement
consciousness
victim
confinement
resulting
harm
question
view
thus
became
whether
sheriff
baker
entitled
defense
qualified
immunity
turn
depended
reasonableness
failure
institute
identification
procedure
disclosed
error
noting
error
discovered
potter
county
officials
sent
identifying
material
dallas
immediately
upon
respondent
arrival
amarillo
compared
file
photograph
fingerprints
wanted
man
appeals
determined
jury
reasonably
conclude
sheriff
behaved
unreasonably
failing
institute
measures
accordingly
case
remanded
district
new
trial
ii
respondent
claim
detention
potter
county
jail
wrongful
analysis
may
well
question
however
whether
detention
unconstitutional
appeals
recognized
public
official
liable
causes
plaintiff
subjected
deprivation
constitutional
rights
emphasis
original
despite
recognition
appeals
analyzed
respondent
false
imprisonment
action
exclusively
terms
traditional
concepts
relying
heavily
restatement
second
torts
indeed
nowhere
opinion
appeals
specifically
identify
constitutional
right
allegedly
infringed
case
respondent
claim
appeals
decision
focus
exclusively
respondent
prolonged
detention
caused
petitioner
failure
institute
adequate
identification
procedures
constitutional
provision
allegedly
violated
petitioner
action
presumably
fourteenth
amendment
protection
deprivations
liberty
without
due
process
law
virtue
incorporation
fourteenth
amendment
fourth
amendment
requires
provide
fair
reliable
determination
probable
cause
condition
significant
pretrial
restraint
liberty
gerstein
pugh
determination
must
made
judicial
officer
either
promptly
arrest
since
adversary
hearing
required
since
standard
pretrial
detention
arrest
person
arrested
pursuant
warrant
issued
magistrate
showing
probable
cause
constitutionally
entitled
separate
judicial
determination
probable
cause
detain
pending
trial
case
respondent
arrested
pursuant
facially
valid
warrant
appeals
made
suggestion
respondent
arrest
constitutionally
deficient
indeed
respondent
makes
clear
claim
based
solely
sheriff
baker
actions
respondent
incarcerated
mccollan
claim
sheriff
wrong
name
placed
warrant
failure
discover
change
even
initial
arrest
respondent
rather
intentional
failure
investigate
determine
wrong
man
imprisoned
brief
respondent
respondent
innocence
charge
contained
warrant
relevant
tort
claim
false
imprisonment
jurisdictions
largely
irrelevant
claim
deprivation
liberty
without
due
process
law
constitution
guarantee
guilty
arrested
provide
cause
action
every
defendant
acquitted
indeed
every
suspect
released
manifold
procedural
protections
afforded
criminal
defendants
bill
rights
without
limits
patterson
new
york
due
process
require
every
conceivable
step
taken
whatever
cost
eliminate
possibility
convicting
innocent
person
ibid
fourteenth
amendment
protect
deprivations
liberty
protects
deprivations
liberty
accomplished
without
due
process
law
reasonable
division
functions
law
enforcement
officers
committing
magistrates
judicial
officers
may
potential
defendants
action
entirely
consistent
due
process
law
given
requirements
arrest
made
probable
cause
one
detained
accorded
speedy
trial
think
sheriff
executing
arrest
warrant
required
constitution
investigate
independently
every
claim
innocence
whether
claim
based
mistaken
identity
defense
lack
requisite
intent
official
charged
maintaining
custody
accused
named
warrant
required
constitution
perform
investigation
claim
ultimate
determination
claims
innocence
placed
hands
judge
jury
iii
appeals
closed
opinion
following
summary
holding
saying
sheriff
arresting
officer
duty
exercise
due
diligence
making
sure
person
arrested
detained
actually
person
sought
warrant
merely
someone
similar
name
see
restatement
torts
comment
deprived
rights
secured
constitution
respondent
claim
cognizable
judgment
appeals
fifth
circuit
therefore
reversed
footnotes
rejecting
contention
defendant
entitled
adversary
hearing
question
probable
cause
detain
gerstein
stated
adversary
safeguards
essential
probable
cause
determination
required
fourth
amendment
sole
issue
whether
probable
cause
detaining
arrested
person
pending
proceedings
issue
determined
reliably
without
adversary
hearing
standard
arrest
standard
probable
cause
believe
suspect
committed
crime
traditionally
decided
magistrate
nonadversary
proceeding
hearsay
written
testimony
approved
informal
modes
proof
omitted
course
agree
dissent
quotation
statement
schilb
kuebel
eighth
amendment
proscription
excessive
bail
assumed
application
fourteenth
amendment
post
inference
dissent
appears
draw
statement
required
constitution
release
accused
criminal
defendant
bail
correct
merely
supply
one
possibility
release
incarceration
resort
procedures
specifically
set
bill
rights
guarantees
discussed
text
violations
constitutional
statutory
rights
authorizes
redress
section
source
substantive
rights
method
vindicating
federal
rights
elsewhere
conferred
parts
constitution
federal
statutes
describes
cases
neil
biggers
relied
upon
dissent
post
way
contradict
view
discussion
misidentification
neil
context
use
eyewitness
identification
testimony
trial
constitution
guarantees
accused
may
punished
see
bell
wolfish
course
deal
criminal
defendant
claim
new
trial
conviction
claim
based
upon
newly
discovered
evidence
provide
procedure
similar
contained
fed
rule
crim
proc
process
claims
view
substantive
analysis
employed
dissent
seem
virtually
impossible
reach
conclusion
case
misidentification
connection
arrest
made
pursuant
admittedly
valid
warrant
concededly
probable
cause
constitute
deprivation
liberty
without
due
process
law
justice
blackmun
concurring
long
struggled
define
liberty
protected
due
process
clause
fourteenth
amendment
today
looks
provisions
bill
rights
incorporated
due
process
clause
including
right
free
unreasonable
seizures
right
bail
right
speedy
trial
finding
none
specifically
incorporated
rights
apply
concludes
petitioner
deny
respondent
due
process
holding
jail
holiday
weekend
ante
cases
upon
occasion
defined
liberty
without
specific
guidance
bill
rights
example
found
police
conduct
shocks
conscience
denial
due
process
rochin
california
justice
harlan
wrote
liberty
series
isolated
points
pricked
terms
bill
rights
rational
continuum
broadly
speaking
includes
freedom
substantial
arbitrary
impositions
purposeless
restraints
poe
ullman
dissenting
opinion
see
also
roe
wade
today
consider
whether
petitioner
conduct
shocks
conscience
otherwise
offensive
concept
ordered
liberty
palko
connecticut
warrant
finding
petitioner
denied
respondent
due
process
law
nothing
petitioner
conduct
suggests
outrageousness
sheriff
days
incident
occurred
viewing
facts
light
favorable
respondent
petitioner
error
lay
solely
failing
supervise
conduct
deputies
transferred
respondent
potter
county
jail
kept
weekend
appeals
finding
petitioner
intended
confine
respondent
rested
solely
petitioner
knowledge
office
procedures
knowledge
respondent
even
awareness
time
incident
occurred
procedures
might
ineffective
contrast
deputies
justice
stevens
justice
marshall
point
post
turned
deaf
ear
respondent
protests
petitioner
checked
files
released
respondent
soon
petitioner
became
aware
respondent
claim
deputies
parties
lawsuit
concluded
rizzo
goode
dissenting
opinion
reckless
failure
police
official
stop
pattern
clearly
unconstitutional
conduct
subordinates
enjoined
indication
petitioner
aware
aware
either
likelihood
misidentification
subordinates
action
case
understand
opinion
speak
possibility
rochin
might
applied
type
case
otherwise
foreclose
possibility
prisoner
respondent
predicament
might
prove
due
process
violation
sheriff
deliberately
repeatedly
refused
check
identity
complaining
prisoner
readily
available
mug
shots
fingerprints
conduct
far
shocking
anything
petitioner
done
notes
intent
relevant
existence
constitutional
violation
ante
reserves
judgment
whether
lengthy
incarceration
might
deny
due
process
ante
concludes
every
claim
innocence
need
investigated
independently
ante
therefore
agree
justice
stevens
suggestion
post
prisoner
respondent
predicament
foreclosed
seeking
writ
habeas
corpus
understanding
agree
rights
surveyed
provide
basis
damages
award
respondent
seeks
concur
judgment
join
opinion
justice
marshall
dissenting
join
dissenting
opinion
brother
stevens
add
one
two
additional
words
view
case
neither
negligence
mere
negligence
involved
respondent
arrested
released
constituted
intentional
action
circumstances
negligence
despite
respondent
repeated
protests
misidentification
well
information
possessed
potter
county
sheriff
suggesting
name
arrest
warrant
incorrect
see
post
stevens
dissenting
petitioner
deputies
made
absolutely
effort
eight
days
determine
whether
holding
innocent
man
violation
constitutionally
protected
rights
justice
stevens
justice
brennan
justice
marshall
join
dissenting
state
deprives
person
liberty
arrest
constitution
requires
prepared
justify
initial
arrest
continued
detention
well
respondent
arrest
december
authorized
valid
warrant
claim
raised
violated
fourth
amendment
rights
question
whether
deprivation
liberty
next
eight
days
despite
protests
mistaken
identity
without
due
process
law
within
meaning
fourteenth
amendment
record
case
makes
clear
procedures
employed
sheriff
potter
county
time
reasonably
calculated
establish
person
detained
alleged
commission
crime
fact
person
believed
guilty
offense
judgment
procedures
required
due
process
clause
deprivation
respondent
liberty
occasioned
absence
violation
fourteenth
amendment
rights
respondent
brother
leonard
arrested
member
city
amarillo
police
force
september
city
police
officers
photographed
fingerprinted
october
transferred
custody
sheriff
potter
county
time
contrary
normal
practice
potter
county
sheriff
office
took
possession
driver
license
brother
carrying
apparent
license
altered
sheriff
testified
alteration
kind
established
likelihood
arrested
using
alias
professional
surety
posted
bond
respondent
brother
released
november
reasons
appear
record
bondsman
sought
received
order
allowing
surrender
respondent
brother
warrant
therefore
issued
since
brother
masquerading
respondent
warrant
issued
respondent
name
although
respondent
questioned
validity
warrant
presumably
issued
petitioner
became
sheriff
emphasized
fact
altered
driver
license
file
gave
sheriff
deputies
reason
believe
wanted
person
using
alias
december
respondent
stopped
traffic
violation
dallas
dallas
patrolman
made
routine
radio
check
learned
potter
county
warrant
outstanding
respondent
repeated
protests
right
man
officer
placed
arrest
took
dallas
police
station
desk
sergeant
telephoned
potter
county
sheriff
office
apparently
learned
respondent
name
sex
race
date
birth
corresponded
information
provided
sheriff
mention
appears
made
fact
sheriff
files
contained
altered
driver
license
issued
respondent
name
even
though
respondent
obviously
carrying
license
ticketed
traffic
offense
short
fact
sheriff
office
reason
believe
name
warrant
alias
motivate
special
effort
verify
arrestee
identification
sheriff
deputies
allowed
respondent
remain
dallas
lockup
four
days
picked
time
failed
follow
identification
procedure
used
comparable
sheriff
offices
take
pictures
fingerprints
file
dallas
sure
man
wanted
returned
potter
county
jail
refer
pictures
prints
notwithstanding
respondent
continued
protests
misidentification
ready
availability
information
ensuing
four
days
included
holiday
weekend
sheriff
apparently
away
office
nevertheless
busy
period
staff
since
prisoners
detained
jail
designed
house
procedure
effect
led
sheriff
deputies
pull
file
compare
pictures
fingerprints
respondent
course
soon
sheriff
january
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released
respondent
evident
respondent
imprisonment
least
cut
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one
several
different
procedures
followed
sheriff
office
brother
file
marked
indicate
probably
using
alias
thorough
prompt
identification
check
surely
made
transferred
dallas
potter
county
promptly
apparently
arrived
sheriff
left
holiday
weekend
prompt
pickup
feasible
prompt
mailing
fingerprints
photographs
revealed
error
deputies
picked
taken
fingerprints
photographs
released
dallas
file
checked
arrived
potter
county
jail
sheriff
delegated
authority
review
complaints
misidentification
absence
respondent
spent
four
days
potter
county
jail
short
almost
regular
procedures
verifying
arrestee
identification
resulted
prompt
release
respondent
ii
due
process
clause
clearly
protects
individual
conviction
based
identification
procedures
improperly
suggestive
criminal
trial
clause
requires
exclusion
evidence
obtained
procedures
presenting
substantial
likelihood
misidentification
simmons
fair
procedures
must
used
prevent
irreparable
misidentification
resulting
deprivation
liberty
attaching
conviction
ibid
judgment
due
process
clause
equally
requires
fair
procedures
employed
ensure
wrong
individual
subject
deprivations
liberty
attaching
pretrial
detention
pretrial
detention
unquestionably
involves
serious
deprivation
individual
liberty
consequences
prolonged
detention
may
serious
interference
occasioned
arrest
pretrial
confinement
may
imperil
suspect
job
interrupt
source
income
impair
family
relationships
gerstein
pugh
burdens
pretrial
detention
substantial
ones
impose
presumptively
innocent
man
even
probable
cause
believe
committed
crime
impose
burdens
wrong
man
man
mistakenly
identified
suspect
inadequate
identification
procedures
seems
clearly
unconstitutional
wholly
odds
constitutional
restraints
imposed
police
officers
performance
investigative
stops
establishment
probable
cause
detain
well
arrest
questioning
suspects
taken
custody
activities
police
officers
must
conform
procedures
mandated
constitution
serve
minimize
risk
wrongful
unjustified
deprivations
personal
liberty
surely
makes
little
sense
enforce
limits
police
officer
seeking
detaining
believes
committed
crimes
without
time
requiring
adherence
procedures
designed
ensure
subject
police
action
detention
fact
individual
officer
believes
rejecting
respondent
claim
mistaken
detention
violated
constitutional
rights
today
relies
two
alternative
rationales
first
seems
hold
constitutional
right
speedy
trial
provides
adequate
assurance
unconstitutional
detentions
long
initial
arrest
valid
agree
speedy
trial
within
meaning
constitution
may
take
place
weeks
months
years
initial
arrest
many
arrested
persons
many
arrested
district
columbia
never
tried
charges
dropped
point
prior
trial
alternatively
majority
relies
fact
last
three
days
respondent
detention
occurred
holiday
weekend
establish
deprivation
liberty
minimal
require
procedural
protections
whatever
relevance
holiday
might
sheriff
defense
issue
presented
clear
coincidence
holiday
weekend
hardly
reduces
deprivation
liberty
respondent
point
view
indeed
one
might
regard
deprivation
liberty
particularly
serious
holiday
weekend
require
higher
standard
care
time
claim
made
respondent
deprivation
due
failure
follow
otherwise
applicable
procedures
holiday
weekend
claim
made
since
respondent
detained
five
days
holiday
weekend
since
brought
potter
county
weekend
without
confirming
identity
according
procedures
customary
comparable
police
departments
certainly
occasional
mistakes
may
made
conscientious
police
officers
operating
strictest
procedures
hardly
case
identification
procedures
problems
mistaken
identification
judgment
insubstantial
absence
procedures
deprivation
individual
liberty
results
absence
lightly
dismissed
constitutional
significance
practice
making
radio
check
centralized
data
bank
routine
policy
followed
every
traffic
stop
potter
county
also
literally
hundreds
thousands
cases
per
day
nationwide
risk
misidentification
based
coincidental
similarity
names
birthdays
descriptions
unquestionably
substantial
reflected
cases
processed
also
emphasis
placed
securing
fingerprint
identification
responsible
national
computer
system
societal
interests
apprehending
guilty
well
interests
avoiding
incarceration
innocent
equally
demand
identification
arrested
persons
conform
standards
designed
minimize
risk
error
prepared
qualified
define
standards
govern
aspect
law
enforcement
profession
work
hesitation
concluding
imprisonment
resulting
total
absence
regular
identification
procedures
potter
county
deprivation
liberty
without
due
process
law
constitution
commands
respectfully
dissent
see
gerstein
pugh
see
also
schilb
kuebel
eighth
amendment
proscription
excessive
bail
assumed
application
fourteenth
amendment
stack
boyle
unless
right
bail
trial
preserved
presumption
innocence
secured
centuries
struggle
lose
meaning
app
see
sheriff
testified
standard
practice
sheriff
departments
size
send
identifying
material
mccollan
tate
see
app
see
foster
california
neil
biggers
likelihood
misidentification
violates
defendant
right
due
process
basis
exclusion
evidence
foster
see
also
wade
vagaries
eyewitness
identification
annals
criminal
law
rife
instances
mistaken
identification
see
bell
wolfish
marshall
dissenting
stevens
dissenting
see
terry
ohio
delaware
prouse
see
dunaway
new
york
spinelli
see
brewer
williams
miranda
arizona
turner
pennsylvania
coerced
confession
excluded
due
process
grounds
even
trustworthiness
test
met
see
also
rochin
california
see
barker
wingo
delay
four
years
held
constitutional
see
brosi
comparison
felony
case
processing
nationally
many
adult
arrestees
released
without
filing
charges
kamisar
lafave
israel
modern
criminal
procedure
might
argued
holiday
weekend
provide
support
sheriff
claim
immune
damages
grounds
defense
surely
seem
irrelevant
claim
respondent
might
raised
habeas
corpus
proceeding
held
violation
constitutional
rights
yet
majority
holding
respondent
entitled
relief
since
detention
violation
constitutional
rights
see
deputies
actions
authorized
sheriff
baker
actions
keeping
policies
potter
county
sheriff
department
time
see
app
testimony
sheriff
baker
may
records
included
data
base
national
crime
information
center
ncic
national
computerized
data
bank
operated
federal
bureau
investigation
designed
assist
federal
state
local
law
enforcement
agencies
april
average
requests
information
system
made
daily
law
enforcement
officials
according
study
conducted
international
association
chief
police
civil
actions
filed
police
officers
asserting
claims
false
arrest
imprisonment
figure
represented
total
number
suits
filed
years
alleging
form
police
misconduct
see
survey
police
misconduct
litigation
americans
effective
law
enforcement
see
ulster
county
allen
police
held
one
respondents
basis
mistaken
information
received
response
radio
check
headquarters
see
also
mackey
supp
individual
arrested
based
inaccurate
computer
information
see
generally
note
garbage
gospel
establishing
probable
cause
computerized
criminal
information
transmittals
hastings
deweese
reforming
record
prisons
proposal
federal
regulation
crime
data
banks
citing
report
inaccuracy
criminal
histories
maintained
fbi
ncic
system
ach
computerized
offender
criminal
history
cycle
must
criminal
fingerprint
card
basic
source
document
necessary
order
preserve
personal
identification
integrity
system
ncic
computerized
criminal
history
program
background
concept
policy
fbi
law
enforcement
fingerprint
identification
process
essential
element
criminal
justice
system