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HAYES v. FAULKNER COUNTY, ARK.

No. 03-3787.

388 F.3d 669 (2004)

James M. HAYES, Appellee, v. FAULKNER COUNTY, ARKANSAS; Marty Montgomery, Sheriff of Faulkner County, Arkansas, in his individual and official capacities; Kyle Kelley, Jail Administrator, in his individual and official capacities, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2004.

Attorney(s) appearing for the Case

Michael R. Rainwater, argued, Little Rock, Arkansas (Jason E. Owens, Little Rock, Arkansas on the brief), for appellant.

Gordon S. Rather, Jr., argued, Little Rock, Arkansas (Claire Shows Hancock, Little Rock, Arkansas on the brief), for appellee.

Before MURPHY, MCMILLIAN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

James M. Hayes sued Faulkner County and its sheriff and jail administrator under 42 U.S.C. § 1983. The district court1 ruled that his 38-day pre-appearance detention violated his right to due process, and entered judgment against Faulkner County and individually against jail administrator Kyle Kelley. Jurisdiction being proper under 28 U.S.C. § 1291, this Court now affirms.

In 1997, a police officer...

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