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Case Name Booth v. Galveston County CJ-TX-0014
Docket / Court 3:18-cv-00104 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Criminal Justice (Other)
Special Collection Fines/Fees/Bail Reform (Criminalization of poverty)
Attorney Organization ACLU Chapters (any)
Case Summary
On April 8, 2018, a prisoner in Galveston County Jail filed this class-action lawsuit in U.S. District Court for the Southern District of Texas. The case was assigned to Judge George C. Hanks, Jr. Represented by the ACLU of Texas and private counsel, the plaintiffs sued Galveston County and various ... read more >
On April 8, 2018, a prisoner in Galveston County Jail filed this class-action lawsuit in U.S. District Court for the Southern District of Texas. The case was assigned to Judge George C. Hanks, Jr. Represented by the ACLU of Texas and private counsel, the plaintiffs sued Galveston County and various Galveston County officials under 42 U.S.C. § 1983. The plaintiff alleged that Galveston County’s bail policies, especially the practice of setting a high minimum bail and failing to appoint defense counsel for arrestees’ bail hearings, favored wealthy arrestees over poorer arrestees and violated poor arrestees’ rights under the Sixth and Fourteenth Amendments to the United States Constitution. The plaintiff sought declaratory and injunctive relief.

On the same day the initial complaint was filed, the plaintiff filed for class certification. The putative class would encompass all people who are or will be detained in Galveston County Jail because they are unable to pay secured bail set at magistration.

The plaintiffs filed an amended complaint on May 4, 2018, to join a second prisoner as a named plaintiff. The same day, the plaintiffs also filed an amended motion for class certification to reflect the added plaintiff.

The case is ongoing. As of June 2018, the defendants have yet to respond to the plaintiffs’ amended complaint.

Rebecca Strauss - 06/07/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Assistance of counsel (6th Amendment)
Due Process
Equal Protection
Defendant-type
Law-enforcement
General
Access to lawyers or judicial system
Bail/Bond
Conditions of confinement
Disparate Impact
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Pattern or Practice
Placement in detention facilities
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Galveston County
Plaintiff Description All people who are or will be detained in Galveston County Jail because they are unable to pay secured bail set at magistration
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
3:18-cv-104 (S.D. Tex.)
CJ-TX-0014-9000.pdf | Detail
Date: 06/05/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-TX-0014-0002.pdf | Detail
Date: 04/08/2018
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 31]
CJ-TX-0014-0001.pdf | Detail
Date: 05/04/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Hanks, George Carol Jr. (S.D. Tex.)
CJ-TX-0014-9000
Plaintiff's Lawyers Bergman, Andrew D. (Texas)
CJ-TX-0014-0001
Buskey, Brandon (New York)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Cohn, Kali Alanna (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Mytelka, Andrew J. (Texas)
CJ-TX-0014-9000
Odell, Christopher M. (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Pinon, Adriana (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Segura, Andre (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Sibiski, Hannah DeMarco (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Trigilio, Trisha (Texas)
CJ-TX-0014-0001 | CJ-TX-0014-0002 | CJ-TX-0014-9000
Defendant's Lawyers Nixon, Joseph M. (Texas)
CJ-TX-0014-9000
Poole, Douglas W. (Texas)
CJ-TX-0014-9000
Trainor, James Edwin III (Texas)
CJ-TX-0014-9000
Vie, George William III (Texas)
CJ-TX-0014-9000
Other Lawyers Landon, Emily Marie (Texas)
CJ-TX-0014-9000
O'Leary, Leah Jean (Texas)
CJ-TX-0014-9000

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