Just City, Inc. v. Bonner
What's at Stake
Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The ACLU Criminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice.
In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee’s ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.
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Summary
The new law, which went into effect on May 1, 2024, makes Tennessee the only state in the country to prohibit judges from considering whether people appearing before them will be able to pay for release.
The lawsuit argues that HB1719 violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention. In rolling back the previous bail reforms—which included examination of a person’s financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person’s arrest; and imposition of secured money bail only as a last resort—the Tennessee legislature has created a two-tiered system of justice, leaving those who cannot afford to pay detained indefinitely.
The district court denied a preliminary injunction, but also denied motions to dismiss filed by the Shelby County defendants and the State of Tennessee. Our clients are seeking a permanent injunction against the new law, which would allow Shelby County officials to continue abiding by our original settlement agreement.
The suit was filed by Trisha Trigilio, Ashika Verriest, and Julian Clark of the ACLU Criminal Law Reform Project, together with the ACLU of Tennessee and Simpson Thatcher & Bartlett LLP.
Legal Documents
Press Releases
Just City And Legal Advocates Challenge Tennessee’s Unprecedented Bail Law