No Arraignment, Imprisonment For Civil Debt Raise Fact Issues
The United States Court of Appeals for the Sixth Circuit held that issues
of fact precluded summary judgment of an arrestee's civil rights action
stemming from his warrantless arrest and his imprisonment for failure to
pay fines and court costs, and that remand was necessary to determine if
the county court had sovereign immunity.
Plaintiff Lloyd Alkire was arrested for driving while intoxicated (DWI) and
held in the Homes County (Ohio) Jail for nearly 72 hours without a probable
cause hearing. He later pleaded no contest to the DWI charges and received
15 days in jail and ordered to pay fines and court costs totaling $620.
Alkire was later arrested on three separate occasions for failure to pay,
and on two of those occasions he was sentenced to 30 days in jail. No
inquiry was ever made into Alkire's ability to pay.
Alkire ultimately brought a 42 U.S.C. § 1983 action against defendants
Holmes County, Judge Jane Irving, Holmes County Court, and the sheriff
alleging that "his constitutional rights were violated by his warrantless
detention and civil debt-related incarceration." Alkire and defendants
moved for summary judgment. The United States District Court for the
Northern District of Ohio granted defendants' summary …
of fact precluded summary judgment of an arrestee's civil rights action
stemming from his warrantless arrest and his imprisonment for failure to
pay fines and court costs, and that remand was necessary to determine if
the county court had sovereign immunity.
Plaintiff Lloyd Alkire was arrested for driving while intoxicated (DWI) and
held in the Homes County (Ohio) Jail for nearly 72 hours without a probable
cause hearing. He later pleaded no contest to the DWI charges and received
15 days in jail and ordered to pay fines and court costs totaling $620.
Alkire was later arrested on three separate occasions for failure to pay,
and on two of those occasions he was sentenced to 30 days in jail. No
inquiry was ever made into Alkire's ability to pay.
Alkire ultimately brought a 42 U.S.C. § 1983 action against defendants
Holmes County, Judge Jane Irving, Holmes County Court, and the sheriff
alleging that "his constitutional rights were violated by his warrantless
detention and civil debt-related incarceration." Alkire and defendants
moved for summary judgment. The United States District Court for the
Northern District of Ohio granted defendants' summary …