Daves v. Dall. Cnty.

341 F. Supp. 3d 688
CourtDistrict Court, N.D. Texas
DecidedSeptember 20, 2018
DocketCivil Action No. 3:18-CV-0154-N
StatusPublished
Cited by6 cases

This text of 341 F. Supp. 3d 688 (Daves v. Dall. Cnty.) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daves v. Dall. Cnty., 341 F. Supp. 3d 688 (N.D. Tex. 2018).

Opinion

David C. Godbey, United States District Judge

This Order addresses Plaintiffs Shannon Daves, Shakena Walston, Erriyah Banks, Destinee Tovar, Petroba Michieko, and James Thompson's motion for preliminary injunction [3]. For the reasons set forth below, the Court grants Plaintiffs' motion and issues the Preliminary Injunction filed contemporaneously with this Order. The Court has also granted Plaintiffs' motion for class certification [2] in a separate order. The preliminary injunction shall apply to the class the Court certified in that Order.

I. ORIGINS OF THE DISPUTE

This case is about Dallas County's pretrial detention system. Plaintiffs are recent arrestees in custody at the Dallas County Jail. Plaintiffs allege that the County, the Sheriff, the Magistrates, the Felony Judges, and the Misdemeanor Judges employ an unconstitutional "system of wealth-based detention by imposing and enforcing secured money bail without an inquiry into and findings concerning the arrestee's present ability to pay." Compl. ¶ 8 [1]. Plaintiffs seek both injunctive and declaratory relief against the County's procedures.

*691Now before the Court is Plaintiffs' motion for preliminary injunction.

The disposition of this case is greatly simplified by the Fifth Circuit's recent decision in ODonnell v. Harris Cty , 892 F.3d 147 (5th Cir. 2018) (on rehearing) ( ODonnell I ). See also ODonnell v. Goodhart , 900 F.3d 220 (5th Cir. 2018) ( ODonnell II ) (reversing aspects of the injunction entered on remand from ODonnell I ). This case differs from ODonnell in two respects: (1) it includes felony arrestees; and (2) Plaintiffs raise a substantive due process argument not raised in ODonnell. The Court holds that neither of those differences is material and issues a preliminary injunction in the form suggested in ODonnell I .

II. FACTUAL FINDINGS

The Court makes the following findings.

1.0. The post-arrest system in Dallas County has four main actors.
1.1. First are the Dallas County Criminal Court at Law Judges ("Misdemeanor Judges").1
1.2. Second are the Dallas County Criminal District Court Judges ("Felony Judges").2 The Felony Judges hire and fire Magistrate Judges.
1.3. Third are the Magistrate Judges.3 Magistrate Judges report to the Felony Judges, and are subject to the policies and guidance the Felony Judges promulgate. Magistrate Judges also routinely follow the guidance and policies Misdemeanor Judges distribute, but they do not report to Misdemeanor Judges. Magistrate Judges are responsible for determining the conditions of release for arrestees in Dallas County.
1.4. Fourth is the Dallas County Sheriff, Defendant Marian Brown. The Sheriff is responsible for enforcing the Magistrate Judges' bail determinations.
2.0. The court finds that the County's post-arrest system operates in the following way.
2.1. The process begins with an arrest. This arrest can be made by a number of agencies, including the Dallas County Sheriff's Office, and the City of Dallas Police Department.
2.2. If either of these two agencies make the arrest, the arrestee will be taken directly to the Dallas County Jail. If another agency makes the arrest, the arrestee is taken to the jail the arresting authority operates.
2.3. The arrestee is then scheduled for a hearing that is locally referred to as an arraignment. Arraignments are held in front of Magistrate Judges, either in person or by video-link.
2.4. At arraignments, Magistrate Judges inform the arrestee of the offense charged and set the condition required for release.
2.5. In Texas, release is generally contingent on one of two types of bonds. The first is an unsecured, or personal release bond. These require the arrestee to make a payment only if he or she fails to appear. The second is a secured bond. These require *692an arrestee to make an up-front payment in order to avoid detention.
2.6. In February 2018, the Felony Judges granted Magistrate Judges the authority to grant personal release, or unsecured bonds.
2.7. Video evidence taken in July 2018, however, reveals that Magistrate Judges routinely deny personal release bonds. The vast majority of arrestees are instead given secured financial conditions of release.
2.8. The Misdemeanor Judges have given Magistrate Judges a generally applicable schedule of secured financial conditions that apply to every misdemeanor arrestee in the County.
2.9. The Felony Judges have given Magistrate Judges a similar schedule for felony arrestees.
2.10. These schedules operate like a menu, associating various "prices" for release with different types of crimes and arrestees.
2.11. Magistrate Judges routinely treat these schedules as binding when determining bail. The schedules are the policy of Dallas County.
2.12. Video evidence taken in July 2018 reveals that arraignments typically last under 30 seconds, and consist of the Magistrate Judge: (1) calling the arrestee by name, (2) informing the arrestee of the crime he or she is accused of and the bail associated with that crime, and (3) asking the arrestee if he or she is a United States citizen.
2.13. Prior to February 2018, Magistrate Judges did not take an arrestee's ability to pay into consideration when setting bail. In February 2018, Magistrate Judges were instructed to consider a financial affidavit that arrestees have the opportunity to fill out prior to arraignment. The form asks arrestees to indicate the maximum amount of secured bail they could afford.
2.14. Yet, Magistrate Judges still routinely treat the schedules as binding, and make no adjustment in light of an arrestee's inability to pay. The post-February 2018 affidavits have made no material difference in the Magistrate Judges' practices. Routine reliance on the schedules is still the policy of Dallas County.
2.15. Once an arrestee knows the amount required for release, he or she can pay the sum and obtain release.
2.16. An arrestee who cannot access money through a bank account can call a family member or friend, or contact a commercial bonding company. If he or she still cannot access the required funds, he or she is kept in jail, assigned to a housing unit, and confined in a cell until his or her first appearance.
2.17.

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Related

Little v. Doguet
71 F.4th 340 (Fifth Circuit, 2023)
Daves v. Dallas County
22 F.4th 522 (Fifth Circuit, 2022)
United States v. Fattah
351 F. Supp. 3d 1133 (E.D. Illinois, 2019)

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Bluebook (online)
341 F. Supp. 3d 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daves-v-dall-cnty-txnd-2018.