No. 12-3991.

745 F.3d 634 (2014)

Ernesto GALARZA, Appellant v. Mark SZALCZYK; City of Allentown; Lehigh County; Greg Marino; Christie Correa.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 4, 2014.

Attorney(s) appearing for the Case

Mary Catherine Roper, Esq. , Molly M. Tack-Hooper, Esq. , American Civil Liberty Union Foundation of Pennsylvania, Jonathon H. Feinberg, Esq. , Kairy, Rudovsky, Messing & Feinberg LLP, Seith Kreimer, Esq. , Philadelphia, PA, Omar C. Jadwat, Esq. , Esha Bhandari, Esq. , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, Cecilia Wang, Esq. , Katherine Desormeau, Esq. , [argued], American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, Attorneys for Appellant Ernesto Galarza.

Thomas M. Caffrey, Esq. , [argued], Allentown, PA, Attorney for Appellee Lehigh County.

Christopher N. Lasch, Esq. , University of Denver Sturm College of Law, Denver, CO, Rebecca A. Sharpless, Esq. , University of Miami School of Law, Coral Gables, FL, Attorneys for Amicus Appellant Law Professors and Scholars who Teach, Research, and Practice in the Area of Immigration and Nationality Law and Criminal Law.

Andrew C. Nichols, Esq. , Winston & Strawn, Washington, DC, Attorney for Amicus Appellant National Immigration Project of the National Lawyers Guild.

Before: FUENTES, COWEN, and BARRY, Circuit Judges.


FUENTES, Circuit Judge.

Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that he was a U.S. citizen. The detainer was withdrawn and Galarza was released. Galarza then filed this § 1983 action...

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