Attorney at Law Magazine- The Second Shoe Drops in Daves II: Daves v. Dallas County

Attorney At Law Magazine Article

by Ken W. Good 

For the past year, veteran court watchers have been eagerly waiting for the other shoe to drop with the second en banc opinion in Daves v. Dallas County pending before the United States Court of Appeals for the Fifth Circuit. In January 2022, the court issued the first en banc opinion, Daves I, which held that both county court judges and district court judges were state actors who could not be sued in federal court pursuant to 42 USC §l983 (which reversed a ruling to the contrary in ODonnell I) regarding possible federal oversight of ongoing criminal cases including setting bail.

In an unusual move, the Fifth Circuit remanded the case for the trial court to make certain findings, but retained jurisdiction for final disposition of the case en banc. On March 31, the court issued its second and final en banc decision in Daves II. The ruling was stunning while entirely logical, with its impact certain to reverberate for years.

To have a better understanding of the importance of the opinion, some background is helpful. In Daves I, the court of appeals remanded the case back to the trial court for the limited purpose of conducting such proceedings as appropriate to make findings and conclusions on the two remaining issues regarding abstention and mootness. The Fifth Circuit retained jurisdiction over the appeal for final disposition en banc, which means it was voted on by the entire court of appeals consisting of 15 or 16 judges.

With the Court of Appeals ruling in Daves II, there is no question as to its firm and declarative tone, as captured in its opening sentence:

“In a second round of en banc review, we conclude that this case, whose aim was to revise by federal decree the Texas state court procedures for felony and misdemeanor pretrial bail, should never have been brought in federal court.”

To see more CLICK HERE.