In a complaint filed on Oct. 6, Barbara Pete — who was arrested on felony assault charges, according to court filings — filed the lawsuit after being arrested in the Western Alaska community of Stebbins and jailed at the Anvil Mountain Correctional Facility in Nome on Oct. 4. Pete is being represented by the Northern Justice Project, LLC.
The complaint argues on behalf of Pete and all other individuals who have been allegedly held in prison longer than 48 hours without a “judicial determination of probable cause,” which the complaint says is a violation of Alaska’s Constitution and the Fourth Amendment of the United States Constitution.
The complaint alleges that over 27,000 inmates are admitted each year to DOC-operated facilities and that Pete believes there are currently more than 40 that would fall under this lawsuit. Pete was held in custody in Nome for over two days and wasn’t charged, or given a judicial determination of probable cause, before filing the lawsuit. The complaint explains that the violation also applies to anyone who was arrested without a warrant and does not have a “bona fide emergency or extraordinary circumstances.
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