Inmate amends lawsuit challenging county practice

Posted 11/7/19

By Bill Miller Jr.Record PublisherA man who is challenging the practice of seizing cash bonds from Warren County jail inmates to pay for incarceration expenses has amended his lawsuit adding his …

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Inmate amends lawsuit challenging county practice

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By Bill Miller Jr.Record PublisherA man who is challenging the practice of seizing cash bonds from Warren County jail inmates to pay for incarceration expenses has amended his lawsuit adding his lawyer as a plaintiff and the county’s circuit clerk and sheriff as defendants.Christopher Shive, Wright City, originally filed a class action lawsuit in federal court in October of 2011 alleging the circuit clerk used a portion of his cash bond for housing fees at the jail without notifying him or asking his consent. He also alleged that inmates who posted surety bonds or property bonds did not have a portion of their bonds taken.He voluntarily dismissed that case in November of 2012 but filed similar class action lawsuits in Warren and Lincoln County Circuit court in 2013 alleging many of the same violations of law.The original Warren County lawsuit named the county and Warren County Circuit Clerk Brenda Eggering as defendants. But a judge dismissed Eggering in February after citing several problems with the lawsuit.In his amended petition, Shive alleges that it was the practice of Warren County, the sheriff’s department and the Warren County Circuit Clerk’s office to withhold the cash bond allegedly owed for an inmate’s incarceration expenses — called board bills — without giving any notice to the individual posting the bond, or posting a bond assignment, as a lien against a portion of the entire cash bond. He also alleges that his attorney, Chris Boedefeld, filed a $1,000 bond assignment on his behalf and that served as a lien on the cash bail bond posted by Shive. According to the amended petition, Shive’s incarceration expenses were deducted without proper notice to he or Boedefeld so they could challenge the action. Earlier this week Eggering’s attorneys filed another motion to dismiss her from the case.The motion argues that Eggering was not in office at the time of the underlying events in the petition and was not one of the principals to any of the alleged “bailment contracts.” The motion also argues she is entitled to judicial immunity. Harrison declined to comment on the merits of the suit but did say it was unfortunate that the taxpayers had to pay to defend a frivolous lawsuit.Eggering also declined to comment on the merits of the suit other than to say she wasn’t in office at the time of the alleged taking of Shive’s cash bond.“I wasn’t the one who created the rule that allowed cash bonds to be seized. That was a function of the judge who ordered it,” she said Wednesday.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.Inmate amends lawsuit challenging county practice


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