Rothgery v. Gillespie County

554 U.S. 191 (2008)

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Nature of the Case

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Facts

Texas police relied on erroneous record to arrest Rothgery (P) as a felon in possession of a firearm. The officers promptly brought P before a magistrate judge. The magistrate judge informed P of the accusation, set his bail at $5,000, and committed him to jail, from which he was released after posting a surety bond. P had no money for a lawyer and made several oral and written requests for appointed counsel, which went unheeded. P was then indicted by a Texas grand jury for unlawful possession of a firearm by a felon, resulting in re-arrest the next day, and an order increasing bail to $15,000. When he could not post it, he was put in jail and remained there for three weeks. Six months after the initial hearing, P was finally assigned a lawyer, who promptly obtained a bail reduction and assembled the paperwork confirming that P had never been convicted of a felony. Counsel relayed this information to the district attorney, who in turn filed a motion to dismiss the indictment, which was granted. P then brought this 42 U. S. C. §1983 action against Gillespie County (D), claiming that if D had provided a lawyer within a reasonable time after the hearing, he would not have been indicted, rearrested, or jailed for three weeks. The District Court granted summary judgment to D, and the Court of Appeals affirmed. They ruled that the Sixth Amendment right to counsel did not attach at the hearing, because “the relevant prosecutors were not aware of or involved in P’s arrest or appearance and “there was also no indication that the officer who filed the probable cause affidavit at P’s appearance had any power to commit the state to prosecute without the knowledge or involvement of a prosecutor. The Supreme Court granted certiorari.