Cain et al. v. City of New Orleans et al.
Summary of the cause of action The New Orleans Parish Criminal District Court jails indigent defendants who are unable to pay post-judgement court fines and fees. Court costs are imposed …
Equal Protection
Kneisser v. McInerney et al.
Plaintiff, a 20 year old college student, was sentenced to jail because he was unable to pay a $206 statutory fine with $33 in court costs for throwing a cigarette butt out of his car window.
In re Donna Elaine Anderson
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.
Edwards et al. v. Red Hills Community Probation, LLC
Red Hills Community Probation, LLC contracted with local governments to supervise probation. Defendants unable to pay their court fines and fees were placed on probation.
State v. Clark
Mr. Clark was convicted of possession of a stolen motor vehicle and sentenced to 38 months in prison, and to pay $1846.62, which included a $500 fine – the maximum permitted under Washington law. Mr. Clark appealed asking for a review of the $500 fine.
Personal Narrative: Roxanne Reynolds
Ms. Reynolds had started a new job and could not get time off to appear in court. She spent four days in jail before she was brought before the judge. She was fined $520, $662 in court costs, and received additional fees of $450 for her original failure to appear. No credit was given for the four days she spent in jail. Her options were to pay the $1632 total or be put on a payment plan supervised by JCS.
Reynolds et al. v. Judicial Correction Services, Inc. et al.
The Municipal Court judge asks the defendants if they wish to pay or be put on a payment plan but rarely discloses the option of community service. If an individual asks for a payment plan, JCS sets the amount owed each month. No inquiry is made into the person’s ability to pay. The standard minimum payment is $140 per month.
Jenkins v. City of Jennings
The complaint alleged that impoverished city residents were jailed solely because of their inability to pay court fines and fees from traffic and other municipal violations.
Thompson v. Dekalb County
Mr. Thompson was jailed for five days due to his inability to pay fines and fees. He was not informed of his right to request court-appointed counsel, and was ultimately not provided with counsel, nor a pre-deprivation indigency hearing prior to being jailed.
Reed v. City of Ferguson
This case challenges the constitutionality of the warrant recall fee, letter fee, and failure to appear fee imposed by Ferguson Municipal Court, alleging that these fees were enacted for profit and not to promote the welfare of the public.