University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Martinez v. City of Dodge City CJ-KS-0002
Docket / Court 2:15-cv-09344 ( D. Kan. )
State/Territory Kansas
Case Type(s) Criminal Justice (Other)
Special Collection Criminalization of poverty
Attorney Organization Equal Justice Under Law
Case Summary
On October 21, 2015, an arrestee filed this lawsuit in the US District Court for the District of Kansas. The plaintiff sued the City of Dodge City, Kansas and Ford County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff alleged that the Dodge City's wealth-based post-arrest detention ... read more >
On October 21, 2015, an arrestee filed this lawsuit in the US District Court for the District of Kansas. The plaintiff sued the City of Dodge City, Kansas and Ford County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff alleged that the Dodge City's wealth-based post-arrest detention scheme violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The plaintiff sought declaratory judgment, injunctive relief, compensatory damages, and a declaration that the City's wealth-based detention practices are unlawful.

The plaintiff, a Native American citizen of Dodge City, was arrested and held at the Ford County Jail because he could not pay $250 to the City of Dodge City. In Dodge City, arrestees faced two different outcomes depending on their wealth status. Wealthy arrestees paid an amount set by the bail schedule and were not held in jail. Poor arrestees were put in jail for 48 hours because they could not afford to pay the City's pre-determined amount of money for their offense, which ranged from $250-$2500. Under the City's scheme, the sole criterion for determining whether a pretrial arrestee walked free or sat in jail was the amount of money that he had. Because arrestees were released after two days anyway, Dodge City's money bail system is not designed to ensure appearance in court. The plaintiff alleged that Dodge City's policy and practice of using a fixed "bail schedule" to determine the amount of money necessary to secure post-arrest release, and their practice of requiring cash up-front to avoid post-arrest detention violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.

The plaintiff sought to certify a class on behalf of himself and all other arrestees unable to pay for their release pursuant to Dodge City's fixed bail schedule who were, are, or who will become in the custody of Dodge City.

On October 22, 2015, the case was assigned to District Judge Daniel D. Crabtree and Magistrate Judge Teresa J. James. On the same date, the plaintiff filed a designation of place of trial, stating that the trial was to be held in Kansas City.

As of November 2, 2015, the case is active and ongoing.

Rachel June-Graber - 11/02/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Corrections
Jurisdiction-wide
General
Over/Unlawful Detention
Placement in detention facilities
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Dodge City
Ford County
Plaintiff Description The plaintiff is a private citizen of Dodge City, Kansas.
Indexed Lawyer Organizations Equal Justice Under Law
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
2:15−cv−09344−DDC−TJJ (D. Kan.) 10/28/2015
CJ-KS-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 10/21/2015
CJ-KS-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Crabtree, Daniel Dale (D. Kan.)
CJ-KS-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Antosh, Peter J. (Kansas)
CJ-KS-0002-0001 | CJ-KS-0002-9000
Hubbard, Katherine (District of Columbia)
CJ-KS-0002-0001 | CJ-KS-0002-9000
Telfeyan, Phil (District of Columbia)
CJ-KS-0002-0001 | CJ-KS-0002-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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