Allen v. Leis.

• Position: County jail's pay-for-stay program unauthorized - Brief Article

U.S. District Court

COST OF CONFINEMENT

PRETRIAL DETAINEE

DUE PROCES

Allen v. Leis, 213 F.Supp.2d 819 (S.D. Ohio 2002). A former pretrial detainee brought a class action under [section] 1983 challenging the constitutionality of a county jail's pay-for-stay program. The district court granted summary judgment in favor of the plaintiffs. The court held that the jail's policy of appropriating cash immediately upon a pretrial detainee's arrival at jail to cover the "booking fee" was not statutorily authorized, and that the jail's policy violated due process. The court noted that a detainee could obtain a refund of funds paid if the charges were subsequently dismissed or if the detainee was acquitted, but the court found this post-deprivation remedy to be...