Whether federal courts have the power to remedy systemic unconstitutional pretrial detention practices that remain unchecked by state courts.

In Nashville, local officials keep money posted as bail to pay fines and fees. This happens even when the person whose bond was posted shows up to their required court dates. Under a local court rule and policies from the criminal clerk, pretrial release is conditioned on future payment, which leverages pretrial freedom to make money for the government.

In Oklahoma cash bail is being used keep poor people behind bars. In Canadian County, Oklahoma if you have the money, you get out of jail. If you are poor, you stay in. That’s why we sued.