United States Eleventh Circuit

In a 42 U.S.C. section 1983 action based on defendant's alleged refusal to release plaintiff on bail after the court approved a property bond, summary judgment for defendant-sheriff is reversed where: 1) there were genuine issues of material fact regarding whether defendant personally participated in the alleged due process violation; and 2) the district court failed to determine whether minimizing the enforcement costs of a property bond constituted a compelling interest for purposes of the Eighth Amendment Excessive Bail Clause.

Appellate Information

• Decided 09/30/2009
• Published 09/30/2009

Judges

• PER CURIAM:, Before BIRCH and KRAVITCH, Circuit Judges, and HODGES, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeremy duQuesnay Dresner (Court-Appointed), Stephen J. Cox, Craig T. Goldblatt, Wilmer Hale, LLP, Washington, DC, for Campbell., Barbara C. Fromm, Jolly & Peterson, P.A., Tallahassee, FL, for Johnson.