Striking Down the Money Bail System in Louisiana
Caliste et al. v. Cantrell
In 2017, Civil Rights Corps filed a landmark federal class action lawsuit challenging the unconstitutional money bail system in New Orleans, Louisiana. Each of our clients was confined in the notorious Orleans Parish Prison because he could not afford to pay a money bond after his arrest. In Louisiana, the judges who set money bonds, the prosecutors who ask for them, the sheriffs who enforce them, and the public defenders who represent the human beings who suffer from them each take a percentage cut of every money bond paid. Thousands of other people are currently going through what our named Plaintiffs went through.
In August 2018, we won summary judgment in this case. In a landmark opinion, the court essentially held that New Orleans’ money-bail system violates equal protection and due process. The court also struck down Louisiana’s statewide statutory scheme that gives judges an institutional financial conflict of interest when setting money bail.
For months following summary judgment, local courts blatantly violated the decree, routinely setting money bail amounts that people could not afford. In June 2019, the federal court issued a historic injunction that requires the elected judge in charge of money bail to follow a specific protocol when making decisions about pretrial release and detention. If the judge does not follow the protocol, they can be held in contempt of the federal court.
In August 2019, the 5th circuit court of appeals ruled unanimously that the Louisiana bail system—where judges take a percentage cut of every monetary bond they set to fund their courts—is unconstitutional.
Media Coverage:
New Orleans judges enter 'uncharted territory,' and budget peril, after federal court decisions | The Advocate | Aug 11, 2018
Appeals court ruling could bolster case against New Orleans bail system | The Advocate | Feb 18, 2018
America Is Waking Up to the Injustice of Cash Bail | The Nation | Nov 6, 2017
Federal lawsuit targets bond practices of Orleans Magistrate Judge Harry Cantrell, Jr. | nola.com | June 27, 2017
Partners:
Filings:
Injunction Order (June 13, 2019)
Summary Judgment Opinion (Aug 6, 2018)
Complaint (June 27, 2017)
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