6. Bail.

U.S. Appeals Court

BAIL

FAILURE TO APPEAR

Dobrek v. Phelan, 419 F.3d 259 (3rd Cir. 2005). A commercial bail bondsman brought an action against the BAIL clerk of a state superior court, contending that the clerk wrongfully removed his name from the bail bondsman registry following the discharge of his bail bond debts in a chapter 7 bankruptcy proceeding. The district court dismissed the action and the bail bondsman appealed. The appeals court affirmed, finding that the judgments against the commercial bail bondsman which arose from bond debts were "forfeitures," excepted from discharge in a chapter 7 proceeding. The court noted that the judgments against the bondsman arose from the failure of criminal defendants to appear in court and the bondsman's nonperformance of his duty to produce those defendants. (New Jersey)

U.S. Appeals Court

PRETRIAL RELEASE

Russell v. Hennepin County, 420 F.3d 841 (8th Cir. 2005). A detainee sued a sheriff, deputies, inspectors and a county, alleging that his six-day prolonged detention at a county detention center violated his Fourth and Fourteenth Amendment rights and constituted false imprisonment under state law. The district court granted the county's motion for summary judgment and the detainee appealed. The appeals court affirmed...