context: It is beyond peradventure that officials who willfully, intentionally or recklessly keep an inmate in prison past the date he was ordered released are liable under section 1983 for infringing upon the inmate's personal liberty protected by the substantive due process clause of the Fourteenth Amendment.
citation_a.signal: see also
citation_a.identifier: 761 F.2d 175, 178-79
citation_a.parenthetical: complaint alleging officials knew arrestee was innocent but detained him until the right man was found stated cause of action under section 1983
citation_a.sentence: See Johnson v. Muel ler, 415 F.2d 354, 355 (4th Cir.1969) (inmate’s allegations that superintendent of prison kept him confined past term of his sentence was actionable under section 1983); Speaks v. McGregor, 355 F.Supp. 1129, 1131-32 (W.D.Va.1973) (holding fugitive past allowable time period under state law is actionable under section 1983); see also Gay v. Wall, 761 F.2d 175, 178-79 (4th Cir.1985) (complaint alleging officials knew arrestee was innocent but detained him until the right man was found stated cause of action under section 1983).
citation_b.signal: see
citation_b.identifier: 355 F.Supp. 1129, 1131-32
citation_b.parenthetical: holding fugitive past allowable time period under state law is actionable under section 1983
citation_b.sentence: See Johnson v. Muel ler, 415 F.2d 354, 355 (4th Cir.1969) (inmate’s allegations that superintendent of prison kept him confined past term of his sentence was actionable under section 1983); Speaks v. McGregor, 355 F.Supp. 1129, 1131-32 (W.D.Va.1973) (holding fugitive past allowable time period under state law is actionable under section 1983); see also Gay v. Wall, 761 F.2d 175, 178-79 (4th Cir.1985) (complaint alleging officials knew arrestee was innocent but detained him until the right man was found stated cause of action under section 1983).