James R. Holley

Document Type

Supreme Court Commentaries

Publication Date



Fourth Amendment, Malicious Prosecution, Pretrial Detention

Subject Category

Constitutional Law | Supreme Court of the United States


Manuel v. City of Joliet is before the Supreme Court to determine whether detention before trial without probable cause is a violation of the Fourth Amendment, or whether it is merely a violation of the Due Process Clause. Every circuit except the Seventh Circuit treats this type of detention as being a violation of the Fourth Amendment; only the Seventh Circuit considers this question under the Due Process Clause. This commentary argues that the Supreme Court should look to its precedent, which clearly treats pretrial detention without probable cause as being a Fourth Amendment issue, and reverse the Seventh Circuit. To hold otherwise would deprive the wrongfully accused of a potential federal remedy, and reduce them to seeking a remedy in potentially biased state courts.