Dist. Ct. did not err in denying plaintiff’s (nonprofit organization that pays cash bail for others as part of its goal in abolishing cash bail) request for issuance of preliminary injunction to enjoin enforcement of Indiana statute that limited its ability to pay cash bail by precluding said payments for defendants who were charged with crime of violence, or who were charged with felony and who had prior conviction for crime of violence. Defendant asserted that said stature violated its First Amendment and equal protection rights. Ct. of Appeals, though, found that statute did not implicate First Amendment, since payment of cash bail is not inherently expressive conduct. Moreover, statute did not violate Equal Protection Clause, since statute was rationally related to State’s legitimate interest in regulating pretrial detention of defendants. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
First Amendment