TBA Law Blog


Posted by: Stacey Shrader Joslin on Jul 31, 2024

Memphis nonprofit Just City, along with the American Civil Liberties Union of Tennessee, has sued officials in Shelby County's criminal justice system over a state law that prevents judges from considering a defendant’s financial condition when setting bail. The groups allege that the new law, enacted in May, unconstitutionally subjects arrestees to "discriminatory wealth-based detention" in violation of due process and equal protection guarantees. The filing argues that not considering someone’s ability to pay bail will result in widespread pretrial detention of people who do not need to be detained for the safety of the community. Prior to enactment of the law, Shelby County officials required judges to use an "ability-to-pay calculator" to determine affordable bail. The suit, filed in federal district court, seeks an injunction to block the law, effectively reinstating the previous practice, the Commercial Appeal reports. Read more and access the filing from the ACLU.