Caliste v. Cantrell

Case Developments

• Rehearing Denied — 

  Cantrell’s petitions for rehearing by panel and en banc denied.

  October 1, 2019
• Fifth Circuit Affirms Decision — 

  The Fifth Circuit upheld the District Court’s opinion that it is unconstitutional for a court that sets bail to rely on bail fees to fund its own existence.

  August 29, 2019
• Federal Judge Approves Consent Judgement  — 

  Agreement details protocol that Magistrate Cantrell must follow in every bail, including: considering release on recognizance and nonfinancial conditions of release, conducting an inquiry into an arrestee’s ability to afford money bail, and, if an unaffordable bail amount in set, making findings supported by clear and convincing evidence that the arrestee’s detention is necessary to guard against flight from prosecution or ensure community safety.

  June 13, 2019
• Motion for Injunctive Relief Filed  — 

  Despite earlier federal court ruling, Magistrate Cantrell has not changed his bail practices. Magistrate Cantrell fails to: inquire about arrestee’s ability pay, consider alternatives to money bail or ensure arrestees are represented by counsel.

  March 15, 2019
• Federal Court Rules Judge Cantrell's Bond Proceedings are Violating Constitutional Rights  — 

  Magistrate Cantrell will now have to change his practices to meet the minimum Constitutional standards outlined by the Federal Court.

  August 6, 2018
• Lawsuit Filed — 

  The suit, filed in the U.S. District Court for the Eastern District of Louisiana, alleges Judge Cantrell  has consistently violated the constitutional rights of impoverished pre-trial arrestees by setting high bail amounts without any consideration of the person’s ability to pay or alternative no-cost conditions of release. The suit also raises concern with Cantrell’s repeated insistence on using commercial bond companies, over cash payments, of which a portion of the required non-refundable fee goes to the court’s General Fund.

  June 30, 2017
• Mr. Adrian Caliste Appears Before Judge Cantrell — 

  Mr. Adrian Caliste, came before Judge Cantrell on allegations of committing nonviolent, misdemeanor crimes and traffic violations. Beyond asking if Mr. Caliste could afford a lawyer, which he could not, Judge Cantrell made no further attempt to learn anything about the plaintiff’s finances, including if would afford an $8,000 bail. Because Mr. Caliste can neither afford his bail nor the bail bonds fee, he remains in jail until he receives his next retirement benefit, and hopes that it could help secure his release.

  June 19, 2017