A federal judge Thursday ordered Cullman County’s sheriff must release all bail-eligible defendants on unsecured appearance bonds using the county’s current bail schedule.

U.S. District Judge Madeline Hughes Haikala also ruled that Sheriff Matt Gentry does not immediately have to release defendants in the following categories who, by law, are not eligible to secure their immediate release by posting bail: “defendants arrested for failure to appear or on charges that, by statute, require detention for a period of time; defendants who are intoxicated; defendants who are in need of medical attention; or defendants who have holds on their detention from other jurisdictions. In addition the sheriff shall not immediately release a defendant for whom an arresting officer has submitted a bail request form.”

Gentry’s attorney, Jamie Kidd of Webb & Eley in Montgomery, was not available for comment Thursday. Gentry’s office did not expect any comments to be issued in response to the judge’s order until Friday or later.

The judge lists several specific steps that must be taken concerning bonds and incarceration and initial court appearances.

With the order in place and the court on Sept. 4 preliminarily finding Cullman County’s bail system unconstitutional, the Sheriff’s Office will comply with the judge’s injunction.

On Sept. 6, as noted in Thursday’s order, the judge noted a telephone conference was held with both parties in which an opportunity was given for the plaintiff and defendant to meet and propose terms for a preliminary injunction.

“The Court explained to counsel for the parties that it was willing to consider remedies other than the remedies that the Court described in the memorandum opinion … The defendants declined the Court’s invitation to participate in the process of drafting a preliminary injunction,” the judge wrote.

The Sept. 4 order by the judge clears the way for the original suit, filed by Bradley Hester, who was arrested on July 27, 2017 for misdemeanor possession of drug paraphernalia, to remain active. He was assigned a $1,000 bond but claimed indigent status and inability to pay. He remained in custody several days and joined an existing class-action suit filed in March 2017 against Gentry, the State of Alabama, and the 32nd Judicial Circuit.

Hester’s claim is that the Cullman County practice of basing release after a charge on the ability to meet bonds violates the Eighth Amendment which states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Hester’s suit names Gentry as a defendant, along with Cullman County Circuit Judges Martha Williams and Greg Nicholas, District Judges Kim Chaney and Rusty Turner, Circuit Clerk Lisa McSwain, Clerk Magistrates Amy Black and Joan White, Alabama Administrative Office of Courts officer Randy Helms, and County Commissioners Kenneth Walker, Garry Marchman and Kerry Watson.

The original complaint accuses the defendants of permitting the ongoing operation of a bonding “scheme” for criminal defendants — particularly accused drug traffickers, who face a standard property bond of $1 million if arrested in Cullman County.

Adjustments to meeting bond requirements were made by local judicial officials who argued that Hester’s complain was moot after changes were made.