Question re: Liability for Individual Jailed without a Hearing for Someone with a Suspended Sentence

AK
Amanda Karras
Wed, Dec 6, 2023 7:59 PM

A member had an issue come up that they'd like some feedback on from the IMLA members.  Background:  An individual was charged and convicted of domestic violence assault.  His sentence included (1) a suspension of 180 days of jail and (2) required treatment.  The defendant failed to submit the completed treatment plan and also failed to appear in court.  Accordingly, a warrant was issued.  The defendant got picked up a few months later and was booked in jail.  The jail notified the municipality that the defendant was sitting in jail.  The municipality failed to schedule a hearing, and the defendant spent more than a month in jail.

Question: Is there a claim against the municipality (if so, what do you see as the most likely avenue)?  If so, does it matter that the defendant's original 180 day sentence was suspended?  Any guidance and cases would be helpful.  Please email me your responses to akarras@imla.orgmailto:akarras@imla.org and I'll pass them along.

Thanks!

Amanda

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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
P: (202) 466-5424 x7116
D: (202) 742-1018
51 Monroe St. Suite 404 Rockville, MD, 20850
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A member had an issue come up that they'd like some feedback on from the IMLA members. Background: An individual was charged and convicted of domestic violence assault. His sentence included (1) a suspension of 180 days of jail and (2) required treatment. The defendant failed to submit the completed treatment plan and also failed to appear in court. Accordingly, a warrant was issued. The defendant got picked up a few months later and was booked in jail. The jail notified the municipality that the defendant was sitting in jail. The municipality failed to schedule a hearing, and the defendant spent more than a month in jail. Question: Is there a claim against the municipality (if so, what do you see as the most likely avenue)? If so, does it matter that the defendant's original 180 day sentence was suspended? Any guidance and cases would be helpful. Please email me your responses to akarras@imla.org<mailto:akarras@imla.org> and I'll pass them along. Thanks! Amanda [logo]<https://imla.org/> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> Amanda Karras (she/her) Executive Director / General Counsel International Municipal Lawyers Association P: (202) 466-5424 x7116 D: (202) 742-1018 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA's upcoming events<https://imla.org/events/>, calls and programming. Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips!