Inmate dies after beating at Prichard Jail. Sunday morning, he died, his mother at his side. McDevitt was serving time for unpaid fines related to traffic tickets and misdemeanor arrests.
McDevitt was denied a psychiatric evaluation even though he had a long history of mental illness.
The judges in the case are doing this...
Judges in McDevitt case blame each other
And now hopefully the judges will both be in real trouble if the following is applied.
Imprisonment for Failure to Pay Fines
Constitutional and statutory bars against incarcerating indigent individuals for failure to pay fines are clear. In Bearden v. Georgia, the United States Supreme Court held that a court cannot imprison an individual for a failure to pay excessive fines unless that failure to pay is willful or incarceration is the only option.238 The Eleventh Circuit Court of Appeals has held that Bearden applies to restitution payments.239 In Alabama, Rule 26.11(I)(2) provides that “[i]n no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution.” In addition, Alabama Code section 15-18-62, as amended in 2002, restricts the amount of time for which individuals can be incarcerated for willfully failing to pay fines. The restrictions range from ten days imprisonment for charges totaling less than $250 to a maximum of thirty days imprisonment for charges totaling up to $1000, with four additional days for every $100 after that.
Federal Attorney Bill Dawson sued the city of Birmingham earlier this year for jailing defendants for inability to pay fines and WON the case. Birmingham agreed to stop the practice. I don't have the case number but am working on getting it. I hope that Mr. McDevitt's mama sues the absolute dog shit out of the incompetent fucks whose 'bureaucratic mistake' cost this man his life.
