Buffin v. San Francisco

This case is about the City and County of San Francisco keeping some of its poorest residents in jail because of their inability to make a monetary payment. In San Francisco, the poorer you are, the worse the system treats you. A wealthy individual can simply purchase his or her freedom. In fact, for the rich, the cost is zero, because the full bail amount is returned when the case ends. For poorer individuals, however, private bail companies require a non-refundable payment of 10% and poor arrestees never see that money again. (It’s more expensive to be poor, as the cruel saying goes). For those living on the brink of poverty, private bail companies also offer a predatory option: pay 1% of the bail amount and sign a debt agreement to finance the balance at the maximum interest rate allowable by law.

Equal Justice Under Law is arguing that San Francisco’s money bail system is an unconstitutional, discriminatory wealth-based detention scheme that must come to an end.

Timeline: Buffin v. San Francisco

October 28, 2015: Equal Justice Under Law filed the initial complaint in Buffin v. San Francisco in the United States District Court for the Northern District of California against the City and County of San Francisco, the San Francisco Sheriff and the California Attorney General

October 14, 2016: The judge allowed the case to move forward on its merits

November 1, 2016: Sheriff Vicky Hennessy, in a filing written by City Attorney Dennis Herrera on November 1, 2016, made an historic statement that she will not defend money bail in court because:

This two-tiered system of pretrial justice does not serve the interests of the government or the public, and unfairly discriminates against the poor.

December 2016: In direct reaction to our work,  California Assembly member Rob Bonta and Senator Bob Hertzberg unveiled a bill to reform the state’s system saying, “California’s bail system punishes poor people simply for being poor.”

October 24, 2017: California’s Chief Justice Tani Cantil-Sakauye released a report calling for massive reform to the money bail system and admitting that holding suspects in jail simply because they cannot afford to pay bail is unfair to people who are poor.

October 31, 2017: Equal Justice Under Law filed a motion for summary judgment, asking the court to declare money bail unconstitutional and immediately end this wealth-based detention scheme. Go here to read that motion: 136, 2017-10-31 P Summary Judgment

On the same day, the bail industry — acting as the defense since City Attorney Dennis Herrera and Sheriff Vicky Hennessy declared that they would not defend money bail last year — also filed a motion for summary judgment. Their filing trivializes the harm of pretrial detention and ignores the fundamental unconstitutionality of money bail.

November 14, 2017: Equal Justice Under Law filed a reply to the bail industry’s Motion for Summary Judgment

November 21, 2017: Equal Justice Under Law filed another round of reply briefs in response to the bail industry and to the Sheriff

February 26, 2018: U.S. District judge certified a class of San Francisco arrestees challenging the constitutionality of money bail policy. Now, if the court strikes down the money bail system, the ruling will apply to all class members, thousands of San Franciscans who are jailed solely because of their poverty.

February 28, 2018: Phil Telfeyan appeared at a hearing in San Francisco where discovery in the case was extended until June 30th.


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