Colorado law requires that newly arrested detainees be taken “without unreasonable delay” to the nearest county court judge, who can set bond. County jails commonly fail to follow that law, however, when the arrest warrant was issued in a different county.
After the Teller County Sheriff’s Office arrested the ACLU’s client, Michael Bailey, on a four-year-old misdemeanor warrant from Pueblo County, it refused to take him to the Teller County Court where bond could be set. Instead, it waited for the Pueblo County Sheriff’s Office to transport Mr. Bailey to Pueblo. For more than six weeks, the Pueblo County Sheriff’s Office ignored multiple notices to transport Mr. Bailey.
When Mr. Bailey finally appeared before the Pueblo County Court after 52 days in jail, he was immediately released on a personal recognizance bond, and all charges were dismissed soon afterward. As a result of his prolonged detention, Bailey lost his job and nearly two months of wages. On Mr. Bailey’s behalf, ACLU lawyers sued the responsible parties in both counties.
The lawsuit was resolved with a federal court order that requires Teller and Pueblo counties to bring new arrestees for a first court appearance within two days. Mr. Bailey also received substantial monetary compensation.
ACLU news releases:
- "ACLU seeks compensation for Colorado man who spent 52 days in jail waiting to see a judge," ACLU News Release, September 7, 2017
- "ACLU and counties reach settlement for Colorado man who spent 52 days in jail waiting to see a judge," ACLU News Release, March 22, 201
Media:
- “ACLU says Teller and Pueblo sheriff’s offices denied prisoner’s right to speedy court date,” The Denver Post, September 7, 2017
- "Pueblo, Teller Counties face ACLU suit for jailing man six weeks without a court date," Colorado Independent, September 7, 2017
- "ACLU lawsuit claims delayed bail hearing violated Colorado inmate's rights." Gazette, September 7, 2017
- “Ex-Puebloan sues Pueblo, Teller counties; says he languished in jail too long,” Pueblo Chieftain, September 8, 2017
- "How Sheriff's Office Laziness Kept Michael Bailey in Jail for 52 Days," Westword, November 1, 2017
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“2 Colorado counties settle with ACLU for man's 52-day jail sentence,” 7 News, March 22, 2018
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“Colorado ACLU settles with counties over bail-hearing delays,” AP News, March 22, 2018
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“The Home Front: In Colorado, ACLU settles lawsuit ‘over a man who spent 52 days in jail without getting a bail hearing,’” Colorado Independent, March 23, 2018
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“Michael Bailey: I Lost My House and Job Because of Sheriff's Office Laziness,” Westword, April 2, 2018