Dylan Mitchell v. Eugene Doherty, 37 F.4th 1277

Eight demonstrators arrested in Rockford, IL (seven on Friday, one on Saturday) waited until Monday 1:30 p.m. for bail hearings; Friday arrestees were detained ~68 hours, Saturday arrestee ~48+ hours.
Plaintiffs alleged harm from prolonged detention (lost work, denied medical care, solitary confinement) and initially sued for lack of a probable‑cause determination within 48 hours, but learned an ex parte judicial probable‑cause determination was made within 48 hours.
Plaintiffs amended to challenge Winnebago County’s policy of not holding weekend bail hearings, suing the Chief Judge and Sheriff in their official capacities and the County under § 1983 / Monell for denying bail hearings within 48 hours despite a timely probable‑cause finding.
District court dismissed for failure to state a claim and denied class certification as moot; plaintiffs appealed.
The Seventh Circuit affirmed, holding the Fourth Amendment does not require a bail hearing within 48 hours and that hearings up to 68 hours (in this factual posture) are constitutional under the Fourth Amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Fourth Amendment requires a bail hearing within 48 hours of arrest	Winnebago County must provide a bail hearing within 48 hours after arrest	Only the probable‑cause determination must be made within 48 hours; no constitutional rule fixing bail‑hearing timing	No — the Fourth Amendment does not require a bail hearing within 48 hours
Whether the Fourth Amendment governs post‑probable‑cause pretrial proceedings (vs. Fourteenth Amendment)	Fourth Amendment extends to some pretrial restraints, so it governs timing of bail hearings	Fourth Amendment may end at probable cause and due process may govern thereafter	Court assumed arguendo Fourth Amendment could apply but declined to decide the dividing line; claim fails on the merits regardless
Whether County policy (no weekend bail hearings causing ~68‑hour detention) violated the Fourth Amendment	Policy unreasonably prolonged seizure and thus unconstitutional	Policy is justified by Gerstein/McLaughlin balancing and practical/state interests (resources, accuracy of bail decisions)	Policy constitutional in these circumstances; bail hearings within 68 hours are permissible
Municipal (Monell) liability for denying timely bail hearings	County policy caused constitutional injury, so Monell liability follows	No underlying constitutional violation, so no municipal liability	Monell claim fails because plaintiffs did not show a constitutional violation

Gerstein v. Pugh, 420 U.S. 103 (1975) (Fourth Amendment requires prompt judicial probable‑cause determination following arrest)
County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (generally 48 hours satisfies promptness for probable‑cause determinations; unreasonable delays may be shown by purpose or bad faith)
Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability under § 1983 requires a policy or custom causing a constitutional violation)
Manuel v. City of Joliet, 137 S. Ct. 911 (2017) (Fourth Amendment can govern some post‑process pretrial detention)
Albright v. Oliver, 510 U.S. 266 (1994) (plurality and concurrences addressing the Fourth Amendment’s reach into pretrial restraints)
Paine v. Cason, 678 F.3d 500 (7th Cir. 2012) (language suggesting 48 hours as an outer limit was dicta)
Bridewell v. Eberle, 730 F.3d 672 (7th Cir. 2013) (addressed delay to present detainee to a judge; did not hold bail hearings must occur within 48 hours)
Walker v. City of Calhoun, 901 F.3d 1245 (11th Cir. 2018) (upheld 48‑hour practice for bail; vacated injunction requiring 24 hours)
ODonnell v. Harris County, 892 F.3d 147 (5th Cir. 2018) (reversed district court’s sweeping 24‑hour bail‑hearing injunction; stated 24‑hour rule was too strict)
Williams v. Dart, 967 F.3d 625 (7th Cir. 2020) (recognized Fourth Amendment framework can apply to challenges to bail procedures)