Poiroux v. Rich

Criminal defendants Clement Poiroux, Lamar Osborne, Travis Blair, Christopher Raybon, Sara Hawkins, Brian Williams, Levorish Hudson, Joseph Johnson, Jr., Nicholas McNeil, and Willie Walker II, and McNeil & Stokley Enterprises, LLC, d/b/a Metro Bonding Co., Bay Area Bail Bonds, LLC, A-Plus Bonding, Inc., Alternative Justice Bail Bonding, Inc., A-Advantage Bonding, LLC, Affordable Bail Bond, Inc., and Allstar Bail Bonds, Inc. appealed the dismissal of their claims against various district attorneys, circuit court clerks, and other state officials. Several of the criminal defendants and of the bail-bond companies sued the defendants and fictitiously named parties alleging claims related to Act No. 2012-535, Ala. Acts 2012 (codified as 12-14-31 and 12-19-311, Ala. Code 1975). The criminal defendants and the bail-bond companies argued, among other things, that the fee assessed pursuant to 12-19-311(a)(1)a., Ala. Code 1975 ("the filing fee"), and the fee assessed pursuant to 12-19-311(a)(1)b., Ala. Code 1975 ("the back-end fee"), were unconstitutional. Upon review of the circuit court record, the Supreme Court affirmed the dismissal of all claims regarding the back-end fees, all claims seeking monetary relief, and all claims against the defendant sheriffs. The Court also affirmed the dismissal of the criminal defendants' claims for declaratory and injunctive relief. The Court reversed the circuit court's judgment insofar as it dismissed the bail-bond companies' claims for declaratory and injunctive relief against the defendants other than the defendant sheriffs. View "Poiroux v. Rich" on Justia Law