By Chris Orlet & Bill Miller Jr.Record StaffA Warren County man who is challenging the practice of seizing cash bail bonds from Warren County jail inmates to pay for incarceration expenses is now pursuing his case in Warren County Circuit Court.Christopher Shive, Wright City, originally filed a class-action lawsuit in federal court in October of 2011. He voluntarily dismissed that case in November of 2012.Shive has now filed similar class-action lawsuits in Warren and Lincoln County Circuit courts alleging many of the same violations of law.Named as defendants in the Warren County case are Warren County and Warren County Circuit Clerk Brenda Eggering. The lawsuit seeks in excess of $5 million in actual damages on behalf of the proposed class from Warren County and Eggering as well as unspecified punitive damages.According to the lawsuit, Shive was incarcerated in the Warren County Adult Detention Facility on numerous occasions from 2003 through 2010. Shive posted a $1,500 bond on Feb. 9, 2010, to secure his release from the Warren County Jail.The lawsuit alleges that Warren County, through Eggering, required all cash bonds to be posted in the name of the defendant, regardless of the actual person, or guarantor, who secures the funds to post the bond.After his release, Shive discovered that $989 of his bond had been seized by the circuit clerk’s office for housing fees while Shive was incarcerated in the county jail.Shive contends that Eggering did not file a civil action seeking judgement against him as required by law for the housing fees while he was locked up. Shive maintains that his cash bond was posted only as a promise to reappear in order to be released from custody.On Tuesday, an attorney representing Warren County Circuit Clerk Brenda Eggering Tuesday argued she should be dismissed from the case.The case was heard in Warren County Circuit Court before Franklin County Associate Circuit Court Judge Stanley Williams who was appointed to hear the case by the Missouri Supreme Court. He is expected to rule on the motion to dismiss within the month.In the suit, Christopher Shive, Wright City, alleges the circuit clerk used a portion of his cash bond for housing fees at the jail without notifying him or asking his consent. Shive also alleges that inmates who posted surety bonds or property bonds did not have a portion of their bonds taken.Eggering would not comment on whether the practice continues and other county officials deferred the question to Eggering. However, the attorney for Shive, Michael Fagras, told the court that Warren County now notifies inmates of the policy of seizing a portion of the cash bond.Eggering is represented by Philip Sholtz, assistant Missouri attorney general. Sholtz argued Tuesday that Eggering was not a party to the alleged “bailment contract,” nor did she determine any of the conditions of the contract.Sholtz also argued that Eggering received no benefit from the “bailment contract” therefore the suit should be dismissed.“The only benefit mentioned in the petition is the $989 bond to Warren County,” said Sholtz. “There is no mention of any benefit going to Ms. Eggering.”Fagras countered that Eggering is a party to the contract because she had the duty to handle the bond money. Fargas argued that Eggering did receive a benefit, since her office utilized the seized funds. Additionally, he argued that Eggering had a duty to ask the inmates if they wanted their cash bond to be used for housing fees.Eggering was elected circuit clerk in November 2010 and took office in January 2011. She was not employed as the county’s circuit clerk when Shive alleges his cash bond was seized.In the lawsuit, Shive argues he never agreed to having $989 from his cash bond used as payment for housing. According to the lawsuit, Shive sought to contest the taking of a portion of his cash bond but was told by the circuit clerk that he could not contest the taking.Shive’s lawyers claim that Eggering and the county should have brought suit seeking judgement against the inmate for housing fees they believe are owed them and say there is no statutory authority that allows the defendants to seize funds from an inmate’s cash bond for housing fees.The suit claims the “manner in which the defendants seized the plaintiff’s and class’ funds is both illegal and procedurally and substantively unconscionable.”The class-action suit includes all present, former and future inmates in the Warren County Jail who, as a result of posting a cash bond to secure their release, involuntarily and without notice forfeited all or a portion of their cash bond to Warren County through the circuit clerk’s office for payment of housing fees.Attorneys for Shive estimate that thousands of inmates could be affected by the suit.In the federal case that was dismissed, Shive had sued Judge Keith Sutherland, Judge Wes Dalton, Warren County Sheriff Kevin Harrison and the Warren County Commission.Circuit clerk asks court to dismiss her from suit