Challenging the money bail system in Harris County
ODonnell et al. v. Harris County et al.
In 2016, a single mom of two girls who was arrested for driving on a suspended license sued Harris County, Texas on behalf of a class of thousands of people detained in the Harris County Jail who could not afford small sums of money for their release. After the federal court issued a preliminary injunction that was upheld on appeal, the lawsuit resulted in a landmark Consent Decree, approved in November 2019, that has transformed the misdemeanor bail system in the nation’s third largest county. As a result of this litigation, tens of thousands of people are released every year, the total number of convictions has been dramatically reduced, and the vast majority of cases end in dismissal or acquittals. Harris County has virtually eliminated the use of cash bail to detain people charged with misdemeanors. The Consent Decree is currently being monitored by a team led by Professor Brandon Garrett at Duke University and Professor Sandra Thompson-Guerra at the University of Houston.
Media Coverage:
Federal judge gives final approval to Harris County bail deal | Houston Chronicle | Dec 3, 2019
Harris County reaches landmark settlement over ‘unconstitutional’ bail system | Houston Chronicle | July 26, 2019
Locked Up for Being Poor | New York Times | May 5, 2017
Judge in Houston Strikes Down Harris County's Bail System | New York Times | Apr 29, 2017
In Fight Over Bail's Fairness, A Sheriff Joins the Critics | New York Times | Mar 9, 2017
Partners:
Susman Godfrey
Texas Jail Project
Filings:
Final Approval of Settlement and Consent Decree (Nov 21, 2019)
Federal District Court Opinion (Apr 28, 2017)
Amended Complaint (Sep 1, 2016)
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