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Remedies Keyed to Tabb, 8th
Pulliam v. Allen
Citation:
466 U.S. 522 (1984)Facts
Respondent Allen was arrested in January 1980 for using abusive and insulting language, a Class 3 misdemeanor under Virginia law punishable only by a maximum $500 fine with no jail time authorized. Petitioner Magistrate Pulliam set bond at $250, which Allen could not post, resulting in his incarceration for fourteen days in Culpeper County jail. He was subsequently tried, convicted, fined, and released, though the trial judge later reversed the conviction. Respondent Nicholson was similarly arrested four times within two months for public intoxication, a Class 4 misdemeanor punishable only by a maximum $100 fine. Like Allen, Nicholson was incarcerated for two to six days each time for failure to post bond. Both respondents filed § 1983 claims challenging Magistrate Pulliam’s systematic practice of requiring bail for offenses carrying no jail sentence and incarcerating indigent defendants unable to pay.
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