U.S. District Judge David K. Winder has ordered two Salt Lake County deputy sheriffs to pay a total of $1,000 for violating an arrested man's constitutional rights.
The judge also imposed the same fine against the county itself after ruling in favor of Scott Provostgaard in his lawsuit against deputies Harold Steffe and Craig Naylor.The deputies arrested Provostgaard on March 27, 1987, after an altercation in which a woman said she was beaten. While being arrested, Provostgaard struggled to escape and was badly cut when he broke a bedroom window.
Winder ruled that the officers didn't use excessive force or brutality. But he added they "violated the Fourth and 14th Amendments in entering and searching the residence without a warrant."
Also, Provostgaard was held without charges for five days and then released.
"At no time during the period that plaintiff was in the custody of the Salt Lake County sheriff's office in the jail was any judicial determination made that there was probable cause for plaintiff's being confined in the jail," Winder wrote. "Neither was he ever arraigned or taken before a judicial officer to be advised of the charges against him prior to his release."
Winder said Steffe assumed a "non-delegable duty" to take the prisoner before a judicial officer within a reasonable period. He failed to carry out that duty, he added.
A determination of cause should have been made by the morning of Monday, March 31, 1986, the judge said.
The county's practice seems to have been that such a determination could be made any time up to 72 hours after booking someone into jail - not counting all holidays, weekends and non-working days, he wrote.
"This was unreasonable," the judge added.