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Roberts v. Thompson

Public Justice / Roberts v. Thompson

Roberts v. Thompson

All over the country, there are statutes authorizing local governments to impose fees on individuals for the supposed costs of their incarceration. Generally, these fees are referred to as ‘pay-to-stay’ because they require individuals to pay for time spent detained against their will. These laws essentially allow the government to charge a rate as if it’s a hotel, often in terrible conditions.

In Black Hawk County, Iowa, the policy of imposing pay-to-stay fees is made worse by the Sheriff’s practice of having individuals sign an antiquated legal document known as a “confession of judgment,” before they are released from jail. The Sheriff then uses confessions of judgment to collect jail fees without giving individuals any process to challenge them—and without any court review of whether the fees are lawful. The Sheriff uses the fees collected to fund a shooting range for the enjoyment of department employees and families, outfitted with ice cream and cotton candy machines as well as laser tag.

We filed a putative class action lawsuit in federal court arguing that this practice violates the Due Process Clause and to challenge this practice. We represent Leticia Roberts and Calvin Sayers, both of whom supposedly owe this money to the Sheriff, and who signed a confession of judgment because they thought they were required to before being released from jail. Neither Ms. Roberts nor Mr. Sayers can afford the amounts the Sheriff says they owe. Both support their children with their limited, fixed incomes.

We are seeking a preliminary injunction to end the practice of using confessions of judgment to collect jail fees, and we’re seeking damages on behalf of all individuals who have been charged these fees in violation of due process.

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