Platt v. Brown, No. 17-1830 (7th Cir. 2017)Annotate this Case
Cook County criminal defendants could secure pretrial release on personal recognizance; execution of a full deposit bail bond, to be fully returned upon performance of the bond conditions; or execution of a 10% bail bond, 10% of which (the Fee) was retained by the state upon performance of the bond conditions (725 ILCS 5/110-7). In 2014, Platt was arrested and charged with murder. His bail amount was $2 million. Platt executed a bail bond of $200,000. After Platt’s acquittal, the Clerk returned $180,000—his 10% deposit less the 10% Fee of $20,000. In 2015, Illinois amended section 5/110-7 to cap the Fee at $100 in Cook County, effective January 1, 2016. The return of Platt’s bail deposit depended upon the satisfaction of his bond conditions, not upon his acquittal. Platt sued on behalf of a putative class of individuals who paid a Fee of more than $100 during five years preceding January 1, 2016, alleging that retention of the Fee: violated their due process rights, having no rational relationship to the cost incurred in administering bail bonds; violated their equal protection rights; violated the Illinois Constitution uniformity clause; and constituted unjust enrichment. The Seventh CIrcuit affirmed dismissal, reasoning that Platt did not challenge the process by which the Fee was imposed and alleged only disparate impact, not unequal treatment. The Fee bore a relationship to legitimate governmental interests.