Brennan Center for Justice

The Brennan Center filed a motion for appeal in Michigan v. Bailey in the Michigan Court of Appeals.The motion, also signed onto by the ACLU of Michigan and the Michigan State Planning Body, appeals the incarceration of Joseph Bailey, arguing that it is unconstitutional under the Equal Protection Clause and the Michigan constitution. The Supreme Court has held that governments cannot incarcerate people for nonpayment of legal obligations without holding a meaningful inquiry into whether they can actually afford the payments. Bailey was too poor to pay his court-ordered restitution, and the court revoked his probation and sent him to jail.