Wylie v. District of Columbia
| Decision Date | 10 November 1980 |
| Docket Number | No. 79-2003,79-2003 |
| Citation | 634 F.2d 1356 |
| Parties | Theodore A. WYLIE et al., Appellants, v. DISTRICT OF COLUMBIA et al., Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Appeal from the United States District Court for the District of Columbia (D.C. Civil Action No. 78-1581).
Leo N. Gorman, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, and Michael E. Zielinski, Asst. Corp. Counsel, Washington, D. C., were on brief, for appellees.
Before ROBB, MIKVA and GINSBURG, Circuit Judges.
Opinion PER CURIAM.
This is an appeal from a summary judgment for the District of Columbia in a suit brought by Theodore Wylie, Samuel Willoughby, and Richard Smith. Wylie, et al. v. District of Columbia, et al., Civil Action No. 78-1581 (April 24, 1979). Appellants contended that they were subjected to unreasonable seizures within the meaning of the Fourth Amendment because they were not presented to a judicial officer of the D.C. Superior Court within a reasonable time following their arrests. The record is insufficient to support summary judgment. Accordingly, we reverse on procedural grounds and express no opinion on the merits.
The record discloses some of the circumstances surrounding the arrest and detention of each appellant. Wylie was arrested on the basis of a bench warrant at 11:45 A.M. on June 7, 1980, detained in jail over night, and arraigned at about 2:10 P.M. the following day. Willoughby, following his confession that he had committed the crime of indecent exposure, was arrested at 7:00 A.M. on June 21, 1978. He was taken to the D.C. Superior Court on June 21 just after a 12:00 noon deadline for the arraignment of arrestees charged with offenses against the District of Columbia, and was not arraigned until the following morning, June 22, 1978. Smith was arrested on a charge of petty larceny at about 4:00 A.M. on August 2, 1978, and was arraigned the same afternoon at about 5:00 P.M. The respective elapsed times of detention were, approximately, 26.5, 27, and 13 hours.
The record does not disclose the reasons, if any, for the various periods of pre-presentment delay. No showing is made concerning the practices of the D.C. Superior Court regarding arraignments and pre-presentment delays. The record is silent as to the availability of...
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Wilcox v. United States
...statement of material facts submitted December 3, 1980 pursuant to this Court's inquiry as to the impact of Wylie, et al. v. District of Columbia, et al., 634 F.2d 1356, 1980. Defendants have asserted that the scheduling of presentments are controlled by the courts, that none of the defenda......
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Berry v. District of Columbia
...the grant of summary judgment on this claim and remand for a "full exploration" by the District Court. Wylie v. District of Columbia, 634 F.2d 1356, 1357 (D.C.Cir.1980) (per curiam) (reversal required when summary judgment based upon incomplete record). Although we recognize that factual de......