AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Other Misconduct: Foreign Arrestees

     Further proceedings ordered by federal appeals court as to whether the failure of police officers or other officials to inform a foreign national (a citizen of India) arrested for aggravated battery with a firearm of his right to consular notification under Article 36 of Vienna Convention on Consular Relations violated his rights. The appeals court ruled that the issue should be resolved under the federal civil rights statute 42 U.S.C. Sec. 1983, but did not expressly rule on whether a violation of the Vienna Convention could give rise to a private remedy. Jogi v. Voges, No. 01-1657, 2007 U.S. App. Lexis 5713 (7th Cir.).
     346:154 City could be sued for violation of civil rights for failure to allow a German visitor arrested to contact the German consulate as required by treaty. Standt v. City of New York, No. 99-Civ-110008, 153 F. Supp. 2d 417 (S.D.N.Y. 2001).

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