Wilson v. Montano
2013 U.S. App. LEXIS 9055
| 10th Cir. | 2013Background
- Wilson was arrested without a warrant by Deputy Montano on Dec 18, 2010 in Valencia County, NM.
- Montano drafted a misdemeanor complaint but did not file it in any court or obtain a probable cause determination during Wilson's detention.
- Torres transported Wilson to VCDC; the complaint was filed later after Wilson's release.
- Wilson was detained about 11 days before magistrate order released him on Dec 29, 2010; the charge was filed Jan 4, 2011 and dismissed Apr 11, 2011 for insufficient evidence.
- Plaintiffs asserted a Fourth Amendment claim for illegal detention and policy/custom claims against Chavez (warden) and Rivera (sheriff) in their official and individual capacities.
- The district court denied the motion to dismiss; the court of appeals affirmed in part and reversed in part, denying qualified immunity for some but not all defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to ensure prompt probable cause determined | Wilson argues officers must ensure prompt probable cause; duty lies with arresting personnel | Montano, Chavez, Rivera argue duty unclear; Strepka suggests no clearly established duty | Not clearly unestablished; individual officers may be liable for failure to provide prompt hearing |
| Personal involvement of Torres and Montano | Torres/ Montano caused detainment by failing to file/secure hearing | Torres not arresting officer; no direct duty shown | Torres not liable; Montano liable for failure to initiate process and secure hearing |
| Supervisory liability of Chavez and Rivera under Dodds framework | Chavez/Rivera set policy/custom causing harm; deliberate indifference | No direct involvement or causation shown | Chavez and Rivera liable under Dodds for policies and training failures |
| Montano’s NM statute duty under § 35-5-1 | Arresting officer must file complaint and present arrestee promptly | Statutory timing concerns do not relieve duties | Montano’s conduct violated clearly established right; not entitled to qualified immunity |
| Whether NM magistrate rules negate liability | Rules do not assign exclusive duty to a specific party | Rules conflict with statutes on duties | Rules do not undermine liability of Montano, Chavez, or Rivera; duties remain clear |
Key Cases Cited
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (right to prompt probable cause within 48 hours)
- Gerstein v. Pugh, 420 U.S. 103 (1975) (probable-cause determination prerequisite to extended detention)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standards: plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard: plausibility requirement)
- Dodds v. Richardson, 614 F.3d 1185 (2010) (supervisor liability: policy, causation, culpable state of mind)
- Cherrington v. Skeeter, 344 F.3d 631 (2003) (state-law duties to ensure prompt hearing; viability of individual liability)