Filed Date: July 9, 2015
Closed Date: 2018
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On July 9, 2015, an individual sentenced to prison due to inability to pay a fine filed this lawsuit in Michigan Circuit Court for the County of Macomb. The plaintiff, represented by the Michigan ACLU filed the complaint requesting the court take superintending control over the 38th District Court, and order a district court to refrain from imposing “pay or stay” sentences on indigent defendants who do not have the ability to pay. The plaintiff claimed that this was the only adequate remedy, because individual appeals on a case-by-case basis would be too time consuming and burdensome to adequately address the problem. Further, filing an immediate appeal would not keep the defendant out of jail.
On March 8, 2016, Judge James M. Macaroni entered a stipulation and order of superintending control over the 38th District Court. The injunction, lasting a term of two years, states that the District Court can’t sentence nor revoke probation for failure to comply with an order to pay money unless the defendant is able to pay. The order states that alternatives to payment can be used, like a payment plan, or waiver of some amount of the money owed to the extent it is permitted by law. Additionally, the order altered all sentences imposed on the defendant in pending cases before the court so that they complied with this order.
Summary Authors
Edward Cullen (1/30/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6068218/parties/david-marshall-v-city-of-farmington-hills/
Aukerman, Miriam (Michigan)
Korobkin, Daniel S. (Michigan)
Nelson, Sofia V (Michigan)
Steinberg, Michael J. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/6068218/david-marshall-v-city-of-farmington-hills/
Last updated Dec. 17, 2024, 7:55 p.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Fines/Fees/Bail Reform (Criminalization of Poverty)
Key Dates
Filing Date: July 9, 2015
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Individual sentenced to prison due to inability to pay a fine.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
City of Eastpointe (Eastpointe, Macomb), City
38th District Court of Michigan (Eastpointe, Macomb), None
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2016 - 2018
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions: