Any state (Federal): When detained unlawfullly should you fight the fact or the length of detention and should you file under civil or criminal law?
Any state (Federal): When detained unlawfullly should you fight the fact or the length of detention and should you file under civil or criminal law?
You seem to indicate this person is STILL in custody, correct??
If detained past arraignment time with no justification, it would seem a Petition for a Writ of Habeas Corpus would be remedial. Although this is a civil filing, the Rules of criminal procedure/constitutional law would no doubt be cited as authority.
When I started an action for deprivation of civil rights I was detained; I did it under 42 USC 1983 and it was proposed for construction under 18 USC 2241. I was afraid for the latter and could no longer stand detention and terminated the action.
Title 18 is the US Criminal Code. A 1983 action can be based on that or any other constitutional/statutory violation. A 1983 complaint is a CIVIL action.
Any CRIMINAL charge under 2241 is brought by the US Attorney's office in criminal court.
18 USC 2241
Does this help any??
I was redetained on a redetermination without change to the record - the charge was based on an unjust conviction on which I had received a bond. I was thus redetermined without cause and believe my action under 1983 was correct. I argued this fact (fact of detention -unjustifiable redetermination) and asked damages for each day of detention.