United States Ninth Circuit

In this class action challenging Proposition 100, a ballot measure that amended the Arizona state constitution to preclude bail for certain felony offenses if the person charged has entered or remained in the United States illegally, summary judgment in favor of defendants is reversed and remanded for further proceedings, where: 1) Proposition 100 violates Fourteenth Amendment substantive due process, as the laws do not address an established "particularly acute problem," are not limited to "a specific category of extremely serious offenses," and do not afford an individualized determination of flight risk or dangerousness; and 2) Proposition 100 is excessive in relation to the state’s legitimate interest in assuring arrestees' presence for trial.

Appellate Information

• Decided 10/15/2014
• Published 10/15/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel