Does the Fourteenth Amendment protect against false imprisonment or deprivation of liberty?

MultiRegion, United States of America

The following excerpt is from Hanley v. Opinski, CASE NO. 1:16-cv-00391-DAD-MJS (E.D. Cal. 2018):

The Fourteenth Amendment does not protect against all deprivations of liberty, and false imprisonment or deprivation of liberty is not per se unconstitutional merely because the defendant is a state official. Haygood v. Younger, 769 F.2d 1350, 1355 (9th Cir. 1985) (citing Baker v. McCollan, 443 U.S. 137, 146 (1979)). Rather, the Fourteenth Amendment "protects only against deprivations of liberty accomplished without due process of law." Baker v. McCollan, 443 U.S. 137, 146 (1979). Thus, where a plaintiff claims he was wrongfully arrested and incarcerated, courts look to whether the circumstances surrounding plaintiff's arrest and incarceration afforded plaintiff necessary procedural protections, such as probable cause for the arrest and the right to a speedy trial. Id. at 144.

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