Markadontas v. Woodridge - Class Action Dismissed

Attorneys: Lemley, Brandon K.    Rettberg, Paul A.


January 2012

On January 11, 2012, Chief Judge James Holderman granted the Village of Woodridge's Motion to Dismiss a putative class action in Markadontas v. Woodridge.

Woodridge enacted Village Code Section 5-1-12(A), which states: “Booking fee: When posting bail or bond on any legal process, civil or criminal, or any custodial arrest including warrant.” The code states that the booking fee is $30. Plaintiff was arrested, taken to the Woodridge Police Department, and charged with shoplifting. Upon being booked, the arresting officer required Plaintiff to pay the $30 booking fee, which he did.

Plaintiff later sued, claiming Section 5-1-12(A) is unconstitutional. Specifically, he alleged Woodridge violated his Fourteenth Amendment due process rights by requiring him to pay the $30 booking fee upon his booking at the jail. Plaintiff also sought class action status.

The Village of Woodridge moved to dismiss the suit in its entirety under Rule 12(b)(6), and the Court granted it. The Court found that the ordinance did not violate the Plaintiff's procedural due process rights under United States Constitution. The Court reasoned that there was no risk of erroneous deprivation of the arrestees rights because it is charged to all individuals who are arrested. Additionally, additional procedures would not provide any additional safeguards. As such, the $30 fee passed constitutional muster.

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