Federal Lawsuit Challenges Alamance County NC’s Bail System

In late 2019, bail litigation came to North Carolina. I have written before about successful federal bail litigation in other jurisdictions, including a decision holding that the bail system in Harris County, Texas was unconstitutional. Similar litigation is now underway in our state, and appears to be headed towards a consent preliminary injunction. On November 12, 2019, a class action complaint was filed in the United States District Court for the Middle District of North Carolina alleging that Alamance County’s bail system violates the plaintiffs’ constitutional rights to equal protection, substantive due process, procedural due process, and counsel. Complaint at 4-5. Three plaintiffs sued in their individual capacities and as representatives of a class including all who are arrested and charged with non-domestic violence offenses and are or will be detained in the county jail because of inability to pay money bonds imposed in their cases. Id at 4. Plaintiff Allison is alleged to be an indigent 30-year old mother of a young child, charged with felony drug possession and several misdemeanors and detained on a $3,500 secured bond. Id. at 8; Brief in Support of Plaintiffs’ Motion for Preliminary Injunction at 3. Rather than being brought to a magistrate, the complaint asserts that a sheriff’s deputy handed Allison a form setting her bail. Complaint at 8-9. Plaintiff Harrell is alleged to have mental health and substance abuse challenges and only $2 to his name. Id. at 9. The complaint asserts that after being arrested for misdemeanor trespassing and larceny, Harrell [...]