SCHULTZ v. STATE

No. 18-13894.

42 F.4th 1298 (2022)

Ray Charles SCHULTZ, et al., Plaintiffs, Bradley Hester, Plaintiff-Appellee, v. State of ALABAMA, et al., Defendants, Matthew Gentry, Sheriff of Cullman County, Alabama, in official and individual capacity, Amy Black, in her official capacity as a Magistrate, Lisa McSwain, in her official capacity as a Magistrate, Judge J. Chad Floyd, Judge Rusty Turner, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Filed: July 29, 2022.


Attorney(s) appearing for the Case

Samuel J. Brooke , Federal Defender Program, Inc., Montgomery, AL, Brandon Jerel Buskey , Andrea Rose Woods , American Civil Liberties Union Foundation, New York, NY, Katherine Claire Hubbard , Alec George Karakatsanis , Civil Rights Corps, Washington, DC, Alexandra Marie Jordan , Micah West , Southern Poverty Law Center, Montgomery, AL, Randall C. Marshall , Law Office of Randall C Marshall, Lolo, MT, for Plaintiff-Appellee Bradley Hester.

Jamie Helen Kidd Frawley , James Randall McNeill , Kendrick Emerson Webb , Webb McNeill Walker, PC, Montgomery, AL, Defendant-Appellant Matthew Gentry.

Brad A. Chynoweth , James W. Davis , Steven Marshall , Alabama Attorney General's Office, Montgomery, AL, Jordan Dorman Walker , Balch & Bingham, LLP, Montgomery, AL, for Defendant-Appellant Amy Black, Lisa McSwain, Rusty Turner.

Jordan Dorman Walker , Balch & Bingham, LLP, Montgomery, AL, for Defendant-Appellant Kim Chaney.

Paul D. Clement , Andrew C. Lawrence , Clement & Murphy, PLLC, Alexandria, VA, for Amici Curiae American Bail Coalition, Georgia Association of Professional Bondsmen.

Ed R. Haden , Balch & Bingham, LLP, Birmingham, AL, Chase T. Espy , Law Office of Chase T. Espy, Vestavia Hills, AL, for Amicus Curiae Alabama Municipal Insurance Corporation.

George Brian Spears , Spears & Filipovits, LLC, Decatur, GA, for Amicus Curiae Social Scientist.

Kellen R. Funk , Columbia Law School, New York, NY, for Amicus Curiae National Law Professors of Criminal, Procedural, and Constitutional Law.

James Bradley Robertson , Rachel Ann Conry , Bradley Arant Boult Cummings, LLP, Birmingham, AL, Candice Leigh Rucker , Attorney General's Office, Jackson, MS, for Amici Curiae National Association for Public Defense, National Association of Pretrial Agencies, Pretrial Justice Institute.

Mary B. McCord , Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, for Amici Curiae Current and Former Prosecutors, Department of Justice Officials, Law Enforcement Officials, Judges.

Jonathan Ellis Taylor , Gupta Wessler, PLLC, Washington, DC, for Amicus Curiae Professor Fred O Smith, Jr.

Before Rosenbaum, Lagoa, and Anderson, Circuit Judges.


Cullman County, Alabama, maintains a bail system that, until recently, was commonplace throughout the country. When arrested, the accused is assessed an amount of bail based on a bail schedule. Those who can pay the amount are immediately released. Those who cannot afford to post bail, however, are detained for a short time...

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