September 3, 2026
Key Takeaways California law requires arraignment within forty-eight hours of arrest, excluding Sundays and holidays. A judge can deny bail or set no bail for certain serious offenses under California law. Detained individuals have an automatic right to review the bail order within five days. Being held past a lawful release date can form the basis of a civil rights claim. ...
read moreAugust 27, 2026
Key Takeaways Pretrial detainees have a constitutional right to adequate medical care while held in county jail. Deliberate indifference to a serious medical need can create liability under federal civil rights law. Jail medical negligence includes delayed treatment, ignored symptoms, and denied medication. Liability may fall on the county, jail medical staff, or private...
read moreAugust 21, 2026
Key Takeaways Incarceration does not remove the right to sue or be sued in California courts. Federal law under 42 U.S.C. § 1997e requires exhausting jail grievance procedures first. Deliberate indifference to medical needs can support a civil rights claim. The Fourteenth and Eighth Amendments protect pretrial detainees and convicted inmates differently. 42 U.S.C. § 1983 allo...
read moreAugust 17, 2026
Key Takeaways Overdetention happens when jail officials know a release date passed and still fail to act. Proving an unlawful overdetention claim generally requires showing officials acted with deliberate indifference. Wrongful arrest challenges the initial detention, while overdetention challenges custody after release should have occurred. Liability can extend to the county, jail ...
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