Holmes v. Fisher

EASTERBROOK, Circuit Judge. Cedrick Holmes was arrested without a warrant in March 1986 by police in Macon County, Illinois, and detained eight days before he was first taken to court for probable cause and bail hearings. (So the complaint alleges, and we must accept its allegations although the defendants say the arrest was supported by several warrants.) The amended complaint seeks equitable relief and damages under 42 U.S.C. § 1983; Holmes wants to represent a class of all past, present, and future suspects in Macon County for the purpose of seeking declaratory and injunctive relief. The magistrate recommended that the district court dismiss the request for equitable relief for want of ""standing"", on the ground that Holmes had been arraigned before he filed the suit and there is no reasonable prospect that Holmes will again be subject to such an arrest and prolonged detention. See City of Los Angeles v. Lyons, 461 U.S. 95, 75 L. Ed. 2d 675, 103 S. Ct. 1660 (1983); O'Shea v. Littleton, 414 U.S. 488, 495-96, 38 L. Ed. 2d 674, 94 S. Ct. 669 (1974). The district court agreed, dismissing the request for equitable relief (and necessarily denying Holmes the right to represent a class), while the request for damages remains pending.