Lawsuit over bond practices gets hearing before federal appeals court

Published 5:30 am Tuesday, December 22, 2020

A long-running lawsuit that’s made it to a federal appeals court got a hearing last week that could help determine whether Cullman County must continue under a federal injunction dating all the way to Sept. of 2018.

The 11th Circuit Court of Appeals in Atlanta heard arguments from attorneys for both sides in a class-action lawsuit originally filed in 2017 against Cullman County sheriff Matt Gentry and key members of Cullman County’s 32nd Judicial Circuit court makeup, as well as county government officers.

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A preliminary injunction requiring bond hearings to be held within 48 hours of a newly-detained inmate’s arrest has been in place locally since Sept. 2018, when a U.S. District Court judge ordered the injunction as the case moved forward. The case was filed in 2017 by inmate Bradley Hester, who was arrested on July 27 of that year on a charge of misdemeanor possession of drug paraphernalia.

Hester filed the suit to challenge Cullman County’s bail process for indigent detainees. Hester remained in custody for several days after his arrest, even though at his bond hearing he had claimed indigent status and an inability to pay the $1,000 bond.

At issue in the case is Hester’s claim that Cullman County’s bond practices violate the 8th Amendment guarantee against excessive bail, which the class-action suit claims Hester and other indigent detainees simply can’t afford. The original suit challenged Cullman County’s use of a bail schedule, which sets varying fees based on the crime of which a person is accused at the time of arrest. That system, the suit argues, favors only those who can afford to pay.

Though the hearing was held on Dec. 16, the 11th Circuit Court of Appeals has given no indication of its next action in the case, nor when that action could come.