ACLU files lawsuit for man who spent more than 50 days in jail waiting to see judge
A man sat in jail for more than 50 days simply waiting to see a judge, now sheriffs’ offices in Pueblo and Teller counties are facing a lawsuit over his detainment.
On Sept. 8, 2015, Michael Bailey was arrested by the Teller County Sheriff’s Office on a four-year-old misdemeanor warrant out of Pueblo County.
Bailey stayed in Teller County Jail for a total of 45 days, unable to post bond without seeing a judge.
“Mr. Bailey could have afforded bail but nobody would set bail,” legal director at the ACLU of Colorado, Mark Silverstein said.
After Bailey was transported by Pueblo County Sheriff’s Office back to Pueblo County Jail he waited there another seven days.
In a statement given exclusively to KRDO NewsChannel 13, he describes what it was like to wait that long in jail. KRDO NewsChannel 13, he describes what it was like to wait that long in jail.
“It was hard feeling like I had fallen through the cracks, and to be told by jail staff that there was nothing they could do to bring me to court any faster,” Bailey said.
Colorado Law states a person who is arrested shall be taken to the nearest available county court “without unnecessary delay.”
Bailey spent a total of 52 days in jail, and lost his job, by the time he appeared before a judge in Pueblo County.
“The judge cut him loose immediately on a personal recognizance bond. A month or two later the district attorney just dismissed the charge,” Silverstein said.
Now two years later the ACLU of Colorado is filing a lawsuit against Teller County and Pueblo County Sheriffs’ Offices.
“They might point the fingers at each other but somebody has got to step up and accept responsibility for this really unjustified violation of Mr. Bailey’s rights,” Silverstein said.
Pueblo County Sheriff’s Office denied comment on the lawsuit until they were officially served.
KRDO NewsChannel 13 also reached out to Teller County Sheriff’s Office for comment, who did not respond to our request.
