Morgan v. Blair’s Bail Bonds, Inc., et al.

New Orleanians who overpaid for bail bond services sued bail bond companies for illegally overcharging tens of thousands of low-income New Orleans families, who were forced to turn to these companies to secure freedom for their loved ones. Although a Louisiana law specified that bail bond companies could only charge twelve percent of the bond amount, they routinely charged thirteen percent—an illegal one percent premium—over a fourteen-year period. After learning of these overcharges, the Commissioner of Insurance issued a directive ordering the companies to repay the families they overcharged. But rather than complying with the Commissioner’s directive, the companies lobbied their friends in the legislature to grant them a retroactive immunity for their unlawful conduct, which the legislature did.

We wrote an amicus brief urging the Louisiana Supreme Court to grant review of the district court’s stay of the case. First, we argued that the legislature’s retroactive blessing of this siphoning of resources from New Orleans’ most vulnerable citizens is antithetical to good governance and rule of law. Next, we highlighted the high stakes of having to pay that extra one percent for those impacted. Based on the median New Orleans bail bond amount of $50,000, the median overcharges were $500. Five hundred dollars could mean the difference between making rent and eviction; it could mean children go without school supplies or nutritious food. Lastly, we pointed out that Black New Orleanians bear the brunt of these overcharges.

The brief reflects an early example of our new focus on state supreme courts as a forum to vindicate the rights of incarcerated people.