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DeLade v. Cargan

3rd Circuit

August 25, 2020

Delade v. Cargan involved a suit against a state trooper. The 3rd Circuit held that the Fourth Amendment always governs claims of unlawful arrest and pretrial detention when the detention occurs prior to the detainee’s first appearance before a court. The Court then ruled that the claim of unlawful arrest and pretrial detention was not cognizable under the Due Process Clause of the Fourteenth Amendment.

Scroll down to read the court's full opinion
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