Fields v. Henry Cnty., No. 11-6352 (6th Cir. 2012)
Annotate this CaseThe affidavit for a warrant for Fields’s arrest for misdemeanor domestic assault noted that arrest would be without bond. Three days later, Fields turned himself in. During booking, Fields requested to post bail. Told that he could not do so until the next day, Fields demanded to speak to a judge. There is no right under Tennessee law to post bail immediately after arrest. The Sheriff incorrectly stated that Fields had to be detained for 12 hours because he was charged with domestic assault. Under Tennessee law, domestic violence defendants must be held for 12 hours only if the official authorized to release the arrestee “finds that the offender is a threat to the alleged victim.” No such finding was made. The county admits that it had a policy of placing a 12-hour hold on all persons arrested for domestic violence regardless of individual circumstances. The next morning, a judge set bail and imposed conditions. Ten months later, prosecutors dropped the charge. Fields sued under 42 U.S.C. 1983, alleging violation of his Eighth Amendment right to be free from excessive bail and his right to procedural due process. The district court granted Henry County for summary judgment. The Sixth Circuit affirmed.
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