Plaintiff’s complaint requested that the Circuit Court for the County of Macomb take superintending control over the 38th District Court, requiring Judge Carl F. Gerds III to refrain from imposing pay or stay sentences on indigent defendants who are unable to pay their court debt. According to the complaint, Judge Gerd imposed the sentences without an ability to pay determination. Those unable to pay were jailed immediately. Community service was not offered as an alternative.
On March 8, 2016, Maycomb County Circuit Court ordered Judge Gerds to stop incarcerating indigent defendants unable to pay fines and fees.