Historic Cash Bail Victory in San Francisco Finalized

A historic victory ending cash bail in San Francisco was finalized this month when the Ninth Circuit federal Court of Appeals confirmed our victory in the trial court and ordered fees paid by the state.  The state had appealed the ruling below, and after more than two years since we helped convince a federal district court to declare San Francisco’s money bail schedule unconstitutional, the appeals court affirmed our victory in a 29-page opinion this month.

Equal Justice Under Law and its partner Latham & Watkins led this important case.  Now, individuals arrested in San Francisco are no longer assigned a price tag on their freedom. We filed our lawsuit in 2015, and federal judge Yvonne Gonzalez Rogers issued an injunction in March 2019 that put an end to San Francisco’s discriminatory and arbitrary bail schedule. Because of our case, all people who are charged with misdemeanors or non-serious felonies must be released within 18 hours — not just those who could afford to pay money. For serious felonies, individuals will be held until they are seen by a judge, but they may submit an application for consideration of release, which a judge will review.

On January 13, 2022, more than two years after our victory in the district court, the appeals court issued a decision that Equal Justice Under Law and Latham & Watkins should be repaid in full for the costs and fees incurred in pursuing this case.  The Ninth Circuit’s decision represents a broader milestone and precedent that will benefit future civil rights litigants. This is a hugely impactful issue for all organizations and plaintiffs who bring civil rights lawsuits against government entities, as the fee repayments serve as a financial lifeline for their work. Latham & Watkins’s portion of the fees will be fully donated to further support such work.

Latham & Watkins partner Sadik Huseny, stated, “The victory on this issue in the Ninth Circuit means that small nonprofit groups like Equal Justice Under Law have greater assurances that their fees will be properly and quickly paid in successful civil rights lawsuits, and that their vital work in identifying and pursuing civil rights violations will not be chilled by States seeking to avoid their fee obligations.”