Howard v. Denver

This lawsuit challenged two Denver policies that keep people in jail simply because of their poverty.

Mickey Howard, the ACLU’s client, was held in Denver’s jail on a minor charge for which the court imposed a $10 bond. Mr. Howard could have posted the $10 bond, but Denver kept Mr. Howard in jail for five days because he could not pay an additional $50 “bond fee.”

When Mr. Howard first arrived at the jail, he had $64, enough to pay the court-ordered $10 bond as well as Denver’s additional $50 “bond fee.” At the time of booking, however, Denver took $30 from Mr. Howard as a “booking fee.” That left Mr. Howard with only $34, which was not enough to buy his release.

The ACLU’s lawsuit targeted two Denver policies that caused Mr. Howard’s unlawful detention:

Requiring defendants to pay a $50 bond fee, in addition to the court-ordered monetary bond, in order to gain their release; and

Taking $30 from defendants at booking even when that will make them unable to post bond or pay the bond fee.

Update: As a result of the lawsuit, Denver agreed to end the challenged policies and pay compensation to Mr. Howard.

“Denver settles lawsuit with man held in jail for five days because he couldn’t afford $50 fee,” The Denver Post, December 20, 2018

“Denver criminal defendants no longer have to pay hundreds for pre-trial ankle monitors,” The Denver Post, December 19, 2018

“Denver defendants cannot be kept in jail for failure to pay $50 bail assessment fee, court orders,” The Denver Post, October 12, 2018

“Man held in Denver jail five days because he couldn’t pay $50 bond fee, lawsuit says,” The Denver Post, October 11, 2018