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The Champion

May 2018 , Page 69 

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Search & Seizure Commentary: U.S. Supreme Court Grants Important Section 1983 Fourth Amendment Remedy to Pretrial Detainees

By Martin A. Schwartz

It is bad enough that so many arrestees languish in pretrial detention because they are unable to afford bail. It is completely intolerable when the detainee was arrested and confined on trumped up charges based on police fabrication of evidence. In Manuel v. City of Joliet, Illinois1 the U.S. Supreme Court recently granted pretrial detainees an important Fourth Amendment remedy to combat this type of abusive police conduct. Manuel held that when pretrial detention is based on police fabrication of evidence, the detainee may assert a claim for relief for the violation of Fourth Amendment rights under the Civil Rights Act of 1871 (42 U.S.C. § 1983). A claimant who prevails in a § 1983 action may recover against a state or local officer sued in his or her personal capacity compensatory damages for injuries suffered and, in an appropriate case, punitive damages, as well as attorney’s fees pursuant to 42 U.S.C. § 1988(b). There is no respondeat superior liability in § 1983 actions, usually

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