ATWOOD v. VILSACK

No. 05-0485.

725 N.W.2d 641 (2006)

Wayne ATWOOD, Arthur Jennings, Daniel Bellman, and John Carmody, on behalf of themselves and all present and future Iowa Code Chapter 229A pretrial detainees, and Loren G. Huss, Jr., John Henry Nachtigall, Timothy Gusman and Lanny Taute, on behalf of themselves and those similarly situated, Plaintiffs, v. The Honorable Thomas J. VILSACK, et al., Defendants.

Supreme Court of Iowa.

December 29, 2006.


Attorney(s) appearing for the Case

Randall C. Wilson of the Iowa Civil Liberties Union Foundation, Des Moines, and Jon M. Kinnamon of Kinnamon, Kinnamon, Russo, Meyer & Keegan, Cedar Rapids, for plaintiffs.

Thomas J. Miller, Attorney General, Gordon E. Allen, Deputy Attorney General, and Mark Hunacek, Assistant Attorney General, for defendants.


HECHT, Justice.

The United States District Court for the Southern District of Iowa has certified to us the following question: Are pre-trial detainees being held pursuant to Iowa Code chapter 229A (2005) entitled to bail under either the common law or the Iowa Constitution?

I. Background Facts and Proceedings.

The petitioners are a certified class consisting of "`[a]ll present and future pretrial detainees held by the Iowa Department...

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