Judge Finds Pierce County Liable in Class Action
for Unconstitutional Fee Collections From Citizens.

TACOMA, Wash. - September 14, 2009 - King County Superior Court Judge John Erlick has ruled that Pierce County is liable to all members in a class action case because the County routinely violated their 14th Amendment Due Process Rights that are guaranteed and protected by the United States Constitution. The violations occurred when Pierce County seized more than $630,000.00 from the wallets and purses of more than 15,000 people when they entered the Pierce County Jail, and did so without sufficient procedure, process, or court order to ensure that the County had the right to take their money.

The ruling was formalized with an order by Judge Erlick signed September 11, 2009 in the cases of Jeffery Gunderson and Robert David Bantolino v. Pierce County. The ruling applies to a class of citizens like Gunderson, who had their money taken when they were booked into the Pierce County Jail, but where never charged with any crime, had charges dropped or were acquitted of all charges. The ruling also applies to citizens like Bantolino who had their money taken when they entered the jail and later either pled guilty or were found guilty of charges against them.

According to Patrick Palace of the Palace Law Offices, an attorney for the class action, "This ruling is an important victory for everyone because the judge's decision makes clear that Pierce County government officials are not above the law, that they cannot take shortcuts with the law, and they cannot financially profit from breaking the law."

Pierce County's policy was based on a law that allowed counties to collect up to $100 in non-refundable fees from each person incarcerated to cover jail booking expenses. However, some counties such as King County chose not to enact the questionable practice of taking citizens money without first legitimizing their right to do so. Other counties such as Pierce County and Spokane County took advantage of an opportunity to collect new found revenues, despite the risks of taking citizens money without any hearing or approval of a court.

The risks did not pay off for either county. In 2007 Federal District Court Judge Fred Van Sickle ruled against Spokane County's booking fee policy in a class action suit brought by Spokane County citizens. Judge Fred Van Sickle ruled that Spokane County's policy violated due process and was unconstitutional. Huss v Spokane County, (E.D.Wash. 10-12-2007).

Palace believes that "the citizens of Pierce County must be able to trust that the power that comes with a badge, handcuffs and a uniform will be used fairly and justly. Pierce County policy makers enacted a profit making policy and unfairly directed is officers to use law enforcement power to take money from people in their custody, including those who were not charged and were innocent. Pierce County abused the power entrusted to it. It chose to make quick money rather than to be prudent and wait for a hearing by a judge to decide when and if it could take money from its citizens. It also chose to keep the seized money even when the law required them to return it."

Palace's co-counsel is Breean Beggs, the Director of the Center for Justice in Spokane. Beggs stated that "with the rulings by both the Federal Court and a State Superior Court against two large and powerful counties who violated basic constitutional rights, the message has been sent statewide that government money making schemes are never acceptable when they trample on the rights of citizens, violate the constitution and are carried out without the guidance or approval of an independent judge."