Vol. 39 No. 17 BECAUSE COUNTY’S ONLINE “MUGSHOT LOOKUP,” WHICH INCLUDED DETAINEES’ PHOTOS AND PERSONAL INFORMATION, SERVED AS A PUNISHMENT, IT IMPLICATED DETAINEE’S DUE PROCESS RIGHTS
The Ninth Circuit, in Houston v. Maricopa,[1] concluded that an arrestee plausibly pleaded a substantive due process claim against a county based on pretrial punishment when the county posted the arrestee’s photo on its publicly accessible website, along with certain identifying personal information. Background The Maricopa County (Arizona) Sheriff’s Office posts photographs of arrestees on […]