Thomas Heryla v. Cty. of Hennepin, No. 05-1977 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil case - civil rights. Plaintiff's civil rights were not violated by a twenty-one-and-one-half hour delay in his release from the Hennepin County Adult Detention Center.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1977 ___________ Thomas Patrick Heryla, * * Appellant, * * v. * * Appeal from the United States Hennepin County, Minnesota; * District Court for the Patrick D. McGowan, Sheriff; * District of Minnesota. Michele Smolley, Chief Deputy; * [UNPUBLISHED] Thomas Merkel, Inspector; * Richard Estensen, Former * Inspector, officially and individually, * * Appellees. * ___________ Submitted: December 15, 2005 Filed: January 19, 2006 ___________ Before BYE, BOWMAN, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Thomas Patrick Heryla sued Hennepin County and certain county officials under 42 U.S.C. ยง 1983 alleging his federal constitutional rights were violated due to a twenty-one-and-a-half-hour period of detention in the Hennepin County Adult Detention Center (ADC) while Heryla was being booked. The district court1 granted Hennepin County's motion for summary judgment after concluding the length of the delay was reasonable and the defendants' conduct was neither deliberately indifferent to Heryla's constitutional rights nor conscience shocking. Heryla filed a timely appeal. We are guided and controlled in our disposition of this case by several recent decisions involving similar challenges to the processing procedures at the ADC, some of which involved a longer period of detention than the period of detention at issue in this case. See Lund v. Hennepin County, 427 F.3d 1123 (8th Cir. 2005); Russell v. Hennepin County, 420 F.3d 841 (8th Cir. 2005); Golberg v. Hennepin County, 417 F.3d 808 (8th Cir. 2005); Luckes v. County of Hennepin, 415 F.3d 936 (8th Cir. 2005); Stepnes v. Hennepin County, No. 05-2059, 2005 WL 3113440 (8th Cir. Nov. 22, 2005) (unpublished); and Killingham v. County of Hennepin, No. 04-3216, 2005 WL 2807117 (8th Cir. Oct. 28, 2005) (unpublished). All of the issues raised by Heryla were addressed and decided in Hennepin County's favor in one or more of the above cases. We therefore affirm the judgment of the district court in favor of Hennepin County in this case. ______________________________ 1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota. -2-
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