made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question." Pembaur v.
A "policy" is a "deliberate choice to follow a course of action. "A plaintiff may establish municipal liability under § 1983 by proving that his or her constitutional rights were violated by an `action pursuant to official municipal policy'. 2689.Īs for the County, this Court examines the policy the district court found deliberately indifferent. The Baker Court wrote, "Obviously, one in respondent's position could not be detained indefinitely in the face of repeated protests of innocence even though the warrant under which he was arrested and detained met the standards of the Fourth Amendment." Baker, 443 U.S. See Coleman, 754 F.2d at 723, quoting Gerstein, 420 U.S. In Baker, the Supreme Court reiterated its concern with "extended restraint of liberty following arrest" in the context of a mistaken arrest under a valid warrant after a judge found probable cause. Pretrial confinement may imperil the suspect's job, interrupt his source of income, and impair his family relationships." 420 U.S. In Gerstein, invalidating an extended warrantless detention, the Supreme Court wrote, "The consequences of prolonged detention may be more serious than the interference occasioned by arrest. The Seventh Circuit so held in Coleman and Armstrong, following two Fourth Amendment cases, Gerstein v.
First, the Due Process Clause forbids an extended detention, without a first appearance, following arrest by warrant.
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