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The Honorable Dean Whipple, United States District Judge for

the Western District of Missouri.

___________

No. 95-2754

___________

Edward W. Bowlin, III, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Lonnie Mease, Sheriff, *

* [UNPUBLISHED]

Appellee. *

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 Submitted: January 12, 1996

 Filed: January 25, 1996 ___________

Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Edward W. Bowlin, III appeals the adverse grant of summary

judgment by the District Court1 in Bowlin's 42 U.S.C. § 1983 action

against Stone County Sheriff Lonnie Mease. 

On April 6, 1992, at approximately 11:21 a.m., a Stone County,

Missouri deputy arrested Bowlin without a warrant for failing to

display a valid license plate, and for failing to produce a

driver's license in violation of state law. On April 7, at

approximately 5:31 p.m., Bowlin was arraigned before Stone County

Circuit Court Judge William Kirsch. After Bowlin entered a plea of

not guilty, Judge Kirsch reviewed the criminal complaints signed by
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the arresting officer and the prosecutor, and set bond at $500.

Because Bowlin was unable to post bond, Judge Kirsch remanded him

to the custody of Stone County sheriff Lonnie Mease, where Bowlin

remained for nineteen days until bond was posted. Judge Kirsch's

affidavit, which was submitted by Mease, stated that "[a]

determination of probable cause was neither made nor requested"

when Bowlin appeared at his April 7 arraignment. Bowlin claimed

Mease's detention of him without a prompt judicial determination of

probable cause violated his Fourth and Fourteenth Amendment rights.

The District Court granted Mease summary judgment, which we

review de novo, applying the same standard as the district court:

whether the record, viewed in a light most favorable to the

non-moving party, shows that there is no genuine issue of material

fact and the moving party is entitled to judgment as a matter of

law. Earnest v. Courtney, 64 F.3d 365, 366-67 (8th Cir. 1995)

(per curiam); see also Fed. R. Civ. P. 56(c). The Fourth Amendment

requires a prompt judicial determination of probable cause as a

prerequisite to an extended restraint on liberty following an

arrest without a warrant. Gerstein v. Pugh, 420 U.S. 103, 114,

125-26 (1975). Law enforcement officers may be held liable for

Gerstein violations, even if they "were not responsible for the

delay in the arraignment," because the officers are under no

obligation to continue to hold an arrestee before his arraignment.

Wayland v. City of Springdale, Ark., 933 F.2d 668, 670 (8th Cir.

1991).

We agree with the District Court that Bowlin failed to show

the thirty-hour delay before arraignment was unreasonable. See

County of Riverside v. McLaughlin, 500 U.S. 44, 56-57 (1991)

(holding person taken before judicial officer within forty-eight

hours of arrest bears burden of proving that delay was unreasonable

in relation to time necessary to complete administrative procedures

incident to arrest). Furthermore, Mease cannot be liable for any

constitutional violation resulting from Judge Kirsch's failure to
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make a probable cause determination at Bowlin's arraignment,

because Judge Kirsch's order remanding Bowlin into Mease's custody

until Bowlin had posted bond legally obligated Mease to hold

Bowlin. Cf. Patterson v. Von Riesen, 999 F.2d 1235, 1240 (8th Cir.

1993) (noting courts have consistently held that officials--

including sheriffs--acting pursuant to facially valid court orders

have absolute quasi-judicial immunity from damages for actions

taken pursuant to that order).

Accordingly, we affirm the judgment of the District Court, and

we deny Bowlin's motion for disciplinary action against Mease's

attorney.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.