In a 42 U.S.C. section 1983 action based on defendant’s alleged refusal to release plaintiff on bail after the court approved a property bond, summary judgment for defendant-sheriff is reversed where: 1) there were genuine issues of material fact regarding whether defendant personally participated in the alleged due process violation; and 2) the district court failed to determine whether minimizing the enforcement costs of a property bond constituted a compelling interest for purposes of the Eighth Amendment Excessive Bail Clause.

Read Campbell v. Johnson, No. 08-11667

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Filed September 30, 2009

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