U.S. District Court Lets Canadian Spouse Pursue Fourteenth Amendment Claims
U.S. District Judge Casey Pitts ruled a Canadian spouse can sue for Fourteenth Amendment violations after wrongful arrest.
Why it matters: This ruling clarifies constitutional family rights protections for foreign nationals in U.S. custody. It guides corporate legal teams handling cross-border wrongful detention and due process claims involving family unity.
- Richard Zilinskas, a 75-year-old Canadian retiree, was wrongfully detained for 13 days in Monterey County starting October 15, 2024.
- Charges related to child sex offenses were dropped, and Zilinskas was released without prosecution.
- On August 31, 2026, U.S. District Judge Casey Pitts allowed Mildred Zilinskas to pursue claims under the Fourteenth Amendment for interference with her spousal relationship.
- Judge Pitts emphasized that marriage and the companionship between spouses are fundamental rights protected by the U.S. Constitution.
On October 15, 2024, Richard Zilinskas, a retired Canadian teacher aged 75, was arrested in Monterey County, California, on unsubstantiated child sex crime allegations. He was held without bail for 13 days before prosecutors dropped the charges, resulting in his release without prosecution.
Following this, on August 31, 2026, U.S. District Judge Casey Pitts ruled that Mildred Zilinskas, Richard’s wife, may proceed with claims under the Fourteenth Amendment. The amendment protects individuals against state actions that infringe on fundamental rights and liberties, including familial relationships.
Mildred alleges that Richard’s wrongful detention disrupted their marital relationship and companionship, rights she argues are constitutionally protected. Judge Pitts noted, "The Supreme Court has repeatedly recognized marriage as a fundamental right. It is inconsistent to defend this right but deny constitutional protection to a spouse’s companionship during unlawful state action." This comment highlights constitutional recognition of spousal rights beyond mere marital status.
The Fourteenth Amendment’s Due Process Clause generally forbids states from depriving individuals of life, liberty, or property without due process of law. Here, the court found that interference with the marital relationship may constitute a violation of substantive due process rights, even for foreign nationals.
This case illustrates the complexities companies and legal counsel face in cross-border wrongful detention incidents involving family rights. It underscores that foreign nationals can assert constitutional claims for violations related to family and spousal relationships during unlawful detention.
Corporate legal teams managing international litigation involving constitutional rights and wrongful arrests should consider the implications of this ruling on strategy and risk assessment.
By the numbers:
- 13 days — Duration of Richard Zilinskas’s wrongful detention
- October 15, 2024 — Date of Richard Zilinskas’s arrest in Monterey County
- August 31, 2026 — Date U.S. District Judge Casey Pitts issued ruling allowing claims
Yes, but: While the ruling permits the claim to proceed, it does not determine the case’s ultimate outcome. Courts will still need to assess the merits of the Fourteenth Amendment claims in further proceedings.
What's next: Additional motions and hearings are expected as the case progresses through the U.S. District Court, potentially providing further guidance on constitutional claims by foreign nationals.