MOYA v. GARCIA

No. 17-2037.

887 F.3d 1161 (2018)

Mariano MOYA, Lonnie Petry, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Robert GARCIA, Santa Fe County Sheriff; Mark Caldwell, Warden of Santa Fe County Adult Correctional Facility; Mark Gallegos, Former Warden of Santa Fe County Adult Correctional Facility, in their individual capacities; Board of Commissioners of Santa Fe County, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed April 24, 2018.


Attorney(s) appearing for the Case

A. Nathaniel Chakeres ( Todd A. Coberly with him on the briefs), of Coberly & Martinez, LLLP, Santa Fe, New Mexico, for Plaintiffs-Appellants.

Brandon Huss of The New Mexico Association of Counties, Santa Fe, New Mexico, for Defendants-Appellees.

Before MATHESON, BACHARACH, and McHUGH, Circuit Judges.


This appeal involves claims of overdetention by Mr. Mariano Moya and Mr. Lonnie Petry. Both men were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments. These arraignment delays violated New Mexico law, which requires arraignment of a defendant within 15...

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