CA10: “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.”

Plaintiff was arrested and detained for 224 days for a sexual assault charge that was ultimately dismissed. He had a prosthetic lower leg and had prostate surgery that made it impossible for him to ejaculate, two things not mentioned anywhere in the investigation. “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.” Barham v. Town of Greybull Wyo., 483 Fed. Appx. 506 (10th Cir. 2012)*:

We turn next to Plaintiff’s argument that his constitutional rights were violated by his 224-day detention on charges that were later dismissed. He contends there were problems with the alleged victims’ stories, particularly relating to Plaintiff’s inability to ejaculate semen, and he argues a reasonable law enforcement officer would have investigated these problems and attempted to obtain Plaintiff’s release earlier. As we stated in Romero, it is not clear that individuals have a constitutional right to a reasonable post-arrest investigation. See Romero, 45 F.3d at 1478. To the extent there is such a right, it must be based on “facts that, at a minimum, demonstrate Defendants acted with deliberate or reckless intent.” Id. After thoroughly reviewing the record, we conclude that the officers’ post-arrest investigation was, at most, negligent. Thus, Plaintiff has not shown the officers’ conduct during his detention violated any potential constitutional right to a reasonable post-arrest investigation.