Striking Down Unfair Bail Rules in Davidson County Criminal Court
Nashville Community Bail Fund v. Gentry
The Nashville Community Bail Fund (NCBF) is a nonprofit that works to free people who are being jailed pretrial because they cannot afford to pay money bail. NCBF helps reunite families by posting bail. To sustain its operation, the NCBF uses a revolving fund that relies on recovering posted bond money at the conclusion of a participant’s case.
In September 2019, Davidson County Criminal Court revoked NCBF’s exemption from Rule 10(B) that allowed cash bond deposits to be used for fines, court costs, and restitution, no matter who paid the bond. Under this rule if an incarcerated individual did not agree to the potential garnishment, they would not be allowed to post bond. Imposing this garnishment policy on NCBF, also threatened the existence of the organization by preventing it from fully recovering the bonds it posts and replenishing its revolving fund.
In February 2020, Civil Rights Corps, ACLU, ACLU of Tennessee, Choosing Justice Initiative, and Bass Berry & Sims PLC filed a lawsuit on behalf of NCBF against the Davidson County Criminal Court Clerk. The lawsuit alleged that Rule 10(B) violated the Eighth Amendment by improper and therefore “excessive” usage of bail, as well as the Fourteenth Amendment’s doctrine of unconstitutional conditions and right to due process.
In December 2020, a federal judge approved an agreement between both parties that put an end to the garnishment of cash bonds to pay future fines, costs and restitution assessed by the courts. The ruling applies to all third parties posting bond in Davidson County.
Media Coverage:
Lawsuit Targets Nashville Courts for Treating Bail Money Like Down Payments for Fines, Fees | Reason | Feb 5, 2020
Partners:
ACLU
Choosing Justice Initiative
Bass, Berry & Sims PLC
Filings:
Memorandum Opinion (Mar 17, 2020)
Preliminary Injunction (Mar 17, 2020)
Memorandum in Support of Preliminary Injunction (Feb 5, 2020)
Complaint (Feb 5, 2020)
More from the Bail
In re Kowalczyk. In May 2026, the California Supreme Court issued one of the most liberatory decisions in U.S. history, unanimously holding that jailing a person pretrial simply because they can’t pay money bail is unconstitutional. The California Supreme Court also held that the vast majority of people accused of crimes must be released prior to trial under the California Constitution and reaffirmed rigorous procedural protections that the government must follow if it seeks to detain a presumed innocent person.
Since the landmark Humphrey ruling, our California habeas project has expanded: providing training and partnering, so far, with 17 county public defender and appointed defender offices spanning all 6 of California’s intermediate appellate districts and the California Supreme Court.
Sandoval v. Riverside. In May 2025, individuals detained in Riverside County jails filed a class action lawsuit challenging Riverside County’s cash-based jailing of individuals between their arrest and first court hearing, as well as Riverside County’s unnecessary delay of that hearing. Rabbi David Lazar and Reverend Jane Quandt chose to join this lawsuit because they view cash-based jailing as unconscionable. The lawsuit was filed against Riverside County Superior Court, Riverside County, the Riverside County Sheriff’s Office, and Sheriff Chad Bianco.
In partnership with public defenders in Oregon, Civil Rights Corps is challenging Oregon’s longstanding practices of jailing people charged with misdemeanors prior to trial and jailing people charged with other crimes without constitutionally required due process.
Butler v. Prince George's County. In 2022, CRC and partners filed a class action lawsuit challenging Prince George’s County's pretrial detention practices. The lawsuit seeks a declaration that PG County and its officials violate Plaintiffs’ rights under the United States and Maryland Constitutions by detaining people pretrial without meeting the substantive and procedural standards required for pretrial detention.
Urquidi v. City of Los Angeles. CRC and co-counsel brought suit in California Superior Court in November 2022 on behalf of several individuals who had been jailed for five days simply because they could not access enough cash to pay for their freedom.
Caliste v. Cantrell. In 2017, Civil Rights Corps filed a landmark federal class action lawsuit challenging the unconstitutional money bail system in New Orleans, Louisiana.
McNeil v. Community Probation Services. In 2018, five named plaintiffs sued Giles County, TN and two private probation companies on behalf of a class of people who were being supervised on for-profit probation.
Guill v. Allen. In November 2019, CRC filed a class-action lawsuit on behalf of three people locked in jail cells in Alamance County, North Carolina only because they are too poor to purchase their freedom.