This lawsuit challenges a policy of the El Paso County Jail that unjustly and unconstitutionally requires pretrial detainees who are granted release on personal recognizance to be held in jail if they are unable to pay a county-imposed fee of $55.
Jasmine Still, the ACLU’s client, was a pretrial detainee in the El Paso County Jail. A court granted her a personal recognizance (PR) bond, which means that she was entitled to release without having to pay any money. In granting a PR bond, the court made an implicit finding that Ms. Still posed no danger to others and was not a flight risk. Despite the court’s order, the El Paso County Jail continued to keep Ms. Still in jail for an additional 27 days, because she was unable to pay a $55 fee for El Paso County Pretrial Services. Thus, she was imprisoned for 27 days simply because of her poverty.
The El Paso County policy challenged in this case has caused the illegal imprisonment of hundreds of pretrial detainees who have been granted PR bonds. All are innocent in the eyes of the law; they have only been accused, but not convicted, of a crime. The lawsuit seeks compensation for Ms. Still and an end to the unconstitutional policy that keeps persons imprisoned because they are too poor to pay a $55 fee.
The lawsuit was settled when El Paso County agreed to end the challenged policy and compensate Ms. Still. The County also agreed to compensate an additional 184 persons who were illegally imprisoned because of the County's unconstitutional policy.
ACLU press releases:
- ACLU sues on behalf of Colorado woman who was jailed 27 days because she could not pay a $55 fee, November 7, 2017
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“ACLU: Colorado Woman Granted Bond, Kept In Jail Over Small Fee,” CBS News, November 7, 2017
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“Lawsuit against El Paso County for mother jailed for nearly a month for not paying $55 fee,” 11 News, November 7, 2017
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“Mujer pasa un mes encarcelada por no tener 55 dólares para gastos de la corte,” 800 Noticias, November 7, 2017
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“Woman kept in Colorado jail for weeks over $55 fee, lawsuit says,” Denverite, November 8, 2017
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“Un mes en prisión por no tener $ 55,” El Diario Ecuador, November 8, 2017
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“ACLU sues on behalf of Colorado mother of three who was jailed over $55 pretrial fee,” Daily KOS, November 13, 2017
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“ACLU Sues to End Pre-Trial Detentions due to Inability to a Pay Court Fee,” Hofstra Law Library Blog, November 15, 2017
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“Judge orders end to holding inmates who can’t pay $55 fee,” AP News, November 16, 2017
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“Judge orders jail to stop holding inmates who can’t pay $55 fee,” The Denver Post, November 17, 2017
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“Judge orders end to holding Colorado inmates who can't pay $55 fee,” 7 News, November 17, 2017
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“The Colorado Springs Gazette: Judge's decision just common sense,” Colorado Politics, November 21, 2017
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“El Paso County scheduled to decide whether to settle ACLU lawsuit over jailed woman,” Colorado Springs Gazette, August 10, 2018
- El Paso County agrees to pay $190K to nearly 200 individuals who were jailed because they could not pay a $55 fee, August 13, 2018
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“El Paso County passes settlement to compensate citizens held in jail for not paying small fees,” 11 News, August 14, 2018
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“El Paso County settles $60,000 inmate lawsuit,“ KOAA News5, August 14, 2018
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“El Paso County agrees to pay up to $190,000 to settle lawsuit over jail-release fee,” Colorado Springs Gazette, August 15, 2018
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“Colo. county pays jailed woman $60,000 in ACLU lawsuit, $130,000 to others,” Corrections1, August 15, 2018
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“Colo. county agrees to pay jailed woman $60,000 in ACLU lawsuit, $130,000 to others,” 9 News, August 15, 2018
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“El Paso County Settles with ACLU after Keeping People Jailed over $55 Fee,” KGNU, August 20, 2018
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“Colorado: $190,000 Settlement for Prisoners Ordered Released but Kept in Jail for Inability to Pay $55 Fee,” Prison Legal News, April 2, 2019
Media:
- "Colorado Springs woman spent 27 days in jail because she couldn't pay $55 fee," The Denver Post, November 7, 2017
- "El Paso County To Pay More Than $60,000 To Settle ACLU Lawsuit," Colorado Public Radio, August 13, 2018
