Ruling revives lawsuit by man jailed without seeing a judge
OGDEN, Utah (AP) — The Utah Supreme Court has revived a lawsuit filed by a man who spent 17 days in jail in Box Elder County without being brought before a judge.
The Standard-Examiner reports that the Supreme Court’s ruling Monday said the state District Court incorrectly applied a standard for determining when a county employee is liable for damages for violating constitutional protections.
The ruling revives a lawsuit filed against by the county by Robert Kuchcinski, who was arrested in 2012 on suspicion for driving under the influence.
He wasn’t taken to court promptly due to a holiday and other circumstances, and he wasn’t charged until after he was finally released from jail. The charge then was dismissed about a month later.
His lawsuit now goes back to District Court for further proceedings.