University of Pretrial Library

ODonnell v. Harris County (2017) 

04-30-2017 19:31

1. Decision in ODonnell v. Harris County - US District Court Southern District of TX (2017): 
This decision was handed down on April 28, 2017 in the United States District Court For The Southern District Of Texas, Houston Division, issuing a preliminary injunction against Harris County based on the likelihood that the County's money bond system will be found unconstitutional.

2. Decision in ODonnell v. Harris County - US Fifth Circuit Court of Appeals (2018):
This is a 2018 decision from the U.S. Court of Appeals for the Fifth Circuit in the case of ODonnell v. Harris County (2017). The Court affirmed the district court’s rulings that the Harris County bail system violates both due process and equal protection, but modified the basis for its conclusion as to due process. The Court affirmed the district court’s findings of fact. The Court also affirmed its conclusions of law, except that the County Sheriff may be sued and its determination of the specific procedural protections owed under procedural due process. On these issues, the Court reversed the district court’s conclusions, thus dismissing the Sheriff from the case and vacating the preliminary injunction as overbroad. The Court has remanded this case to the district court to craft a revised injunction that is narrowly tailored to cure the constitutional deficiencies the district court properly identified.

3. Response to Judges Stay Motion - US Fifth Circuit Court of Appeals (2018)

4. Exhibit to Response to Judges Stay Motion - US Fifth Circuit Court of Appeals (2018)

5. Substituted Opinion in ODonnell v. Harris County & McGruder v. Harris County - US Fifth Circuit Court of Appeals (2018):
This is a 2018 substituted Opinion U.S. Court of Appeals from the Fifth Circuit in the cases of ODonnell v. Harris County (2017) & McGruder v. Harris County (2017). 

6. Amended Order of Preliminary Injunction in ODonnell v. Harris County - US District Court Southern District of TX (2018):
This Amended Order of Preliminary Injunction was entered on June 29th, 2018, from the United States District Court For The Southern District Of Texas, Houston Division. It orders the relief described against  
defendants, including Harris County and its final policymakers for pretrial bail in misdemeanor cases, and their officers, agents, servants, employees, and attorneys. 

7. Statement of Judge Darrell Jordan - U.S. District Court, Southern District of Texas (2018): 
This is the statement of Judge Darrell Jordan, which was submitted to the U.S. District Court, Southern District of Texas, on June 13th, 2018. 

8. Order Granting Motion for Stay Pending Appeal in ODonnell v. Harris County - U.S. Court of Appeals for the Fifth District (2018):

This is an order granting a motion for stay pending appeal from the United States Court of Appeals for the Fifth District. It was filed on August 14th, 2018. One of the three judges dissented. 

9. Memorandum and Opinion Approving the Proposed Consent Decree and Settlement Agreement (2019): This memo and opinion note the arguments opposing the consent decree and settlement agreement raised at a fairness hearing.

10. Order Entering Consent Decree (2019): The terms of the consent decree and its enforcement are enumerated here.

11. First Six-Month Report of the Court-Appointed Monitor (September 2020): Monitors have 3 major findings: Over 90% of people charged with misdemeanors are now released prior to trial, with 80% released within 48 hours; recidivism has not increased, but instead is actually slightly down; the racial disparities in pretrial release have been "almost entirely eliminated" since the new rules went into effect.


#Litigation #Bail
#Judicial

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