United States Sixth Circuit

In a 42 U.S.C. section 1983 class action, alleging that plaintiffs' constitutional rights were violated by the Public Defender Commission's policy or custom of failing to seek indigency hearings on behalf of criminal defendants facing jail time for unpaid fines, grant of class certification and summary judgment for plaintiff is affirmed in part as to the certification, but reversed as to summary judgment as defendant raised a genuine question of material fact about the existence of the purported policy or custom.

Appellate Information

• Argued 01/30/2007
• Decided 08/29/2007
• Published 08/29/2007

Judges

• Before: NORRIS, COLE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:David Todd Stevenson, Hamilton County Prosecuting Office, Cincinnati, Ohio, for Appellants.  Robert B. Newman, Newman & Meeks Co., Cincinnati, Ohio, for Appellee.   ON BRIEF:David Todd Stevenson, Pamela J. Sears, Hamilton County Prosecuting Office, Cincinnati, Ohio, for Appellants.  Robert B. Newman, Newman & Meeks Co., Cincinnati, Ohio, Stephen R. Felson, Cincinnati, Ohio, for Appellee.