Moya v. Garcia

Mariano Moya and Lonnie Petry were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments. These arraignment delays violated New Mexico law, which required arraignment of a defendant within 15 days of arrest. Both men sued under 42 U.S.C. 1983 for deprivation of due process. The district court granted the defendants’ motion to dismiss for failure to state a valid claim. The Tenth Circuit affirmed because Moya and Petry failed to plausibly allege a factual basis for liability. View "Moya v. Garcia" on Justia Law