Updated 12/27/19

The Sixth Circuit ruled last week that a class of parole violators who claim that Giles County’s bail system is effectively “wealth-based detention” can proceed with their suit against the county and Sheriff Kyle Helton.

A three-judge panel of the federal appeals court made its decision less than two weeks after the case was argued and affirmed a lower court ruling that granted the class’s request for a preliminary injunction.

The plaintiffs sued the county and several private probation companies last year, claiming their practices of setting bail amounts without consideration of a person’s ability to pay and holding those who cannot afford to pay bail in jail are unconstitutional. A district court judge ruled the class was likely to succeed and granted their motion for a preliminary injunction in February, which the county and sheriff appealed.  

Giles County and Sheriff Helton argued the probationers should have sued the judges who set their bail amounts and denied them hearings, but U.S. Circuit Judge Jeffrey Sutton disagreed.

Helton argued that the constitutional violation alleged by the class occurred when the judges set their bail amounts. Sutton conceded that the judge’s actions were part of the process but he outlined the court’s reasoning to allow the case to proceed.

The sheriff also argued that allowing the class to proceed against him would expand the Supreme Court’s ruling in Ex parte Young but Sutton disagreed.

Sutton said the probationers are free to structure their complaint as they wish.  It also remains unclear whether the plaintiffs could structure their lawsuit by suing the judges who set the bail amounts. Judges have absolute immunity from suits based on their judicial acts, except in matters over which they clearly lack jurisdiction.”

Sutton also allowed the case to proceed against Giles County, which raised no objection to the preliminary injunction but instead chose to reserve its arguments for the permanent injunction phase of the case.