IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

SEAN RAMSEY, Petitioner, v. THEODORE JACKSON, Sheriff, Respondent.

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CIVIL ACTION NO.

EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS TO RELEASE MAN JAILED SINCE SEPTEMBER 19, 2017, WITHOUT COURT APPEARANCE OR COUNSEL, FOR HOLDING A SIGN READING “HOMELESS PLEASE HELP” Petitioner Sean Ramsey respectfully petitions the Court for a writ of habeas corpus under O.C.G.A. §§ 9-14-1 et seq. Ramsey has been in pre-trial detention for over two months for the alleged offense of standing on a sidewalk while holding a cardboard sign reading “homeless please help.” Ramsey’s confinement in the Fulton County Jail is unlawful for at least three reasons. First, he is held in the Fulton County Jail only because he lacks $200 to pay for his release, violating the Fourteenth Amendment Due Process and Equal Protection Clauses. Second, his confinement violates the Fourth Amendment and Georgia law because he has been incarcerated since September 19, 2017, without any judicial hearing or meaningful opportunity to address a judge. Third, he has been jailed for over two

months, without the assistance of counsel guaranteed by the Sixth Amendment, either in the Atlanta Municipal Court, where his case originated, or in the Fulton County State Court which now has jurisdiction over it. Ramsey states as follows in support of this Petition: INTRODUCTION 1.

Sean Ramsey has been incarcerated for over two months, without

counsel and without any court appearance, for holding a sign stating that he was homeless and asking for “help.” Ramsey is indigent. His bail is set at $200, an amount he cannot afford to pay. 2.

Ramsey was arrested on September 19, 2017. (Ex. 1 (Uniform Traffic

Citation 5341543 & Offense Report).) According to a police report, Ramsey was standing on the corner of Central Avenue and Memorial Drive in downtown Atlanta holding a “hand made cardboard sign toward the stopped traffic at the intersection.” Id. The sign read “homeless please help.” Ramsey was arrested “without incident.” Id. He was charged with the offense of “pedestrian soliciting on roadway” in violation of O.C.G.A. § 40-6-97. Id. 3.

Ramsey was transported to the Atlanta City Detention Center.

4.

Ramsey’s case was placed on the docket to be heard in the Atlanta

Municipal Court on September 20, 2017. (Ex. 2 (Atlanta City Detention Center Court Appearance Sheet).) However, Ramsey never appeared before the court on

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September 20. He was not taken to court on that date or any other date. He was not given an opportunity to confer with or even to request counsel. 5.

Instead, in Ramsey’s absence, on September 20, 2017, the Municipal

Court signed an order setting bail at $200 and binding the case over to the Fulton County State Court. (Ex. 3 (Bind-Over Order).) Six days later, Ramsey was moved to the county jail. 6.

Ramsey has now been in the custody of the Fulton County Sheriff

since September 26, 2017. Since that date, he has not been brought before any court and has not seen or heard from any representative of the public defender office or any court-appointed counsel. (Ex. 4 (Odyssey Print-Out).) 7.

Ramsey is being jailed only because he cannot pay $200 in bail, has

been denied the right to a meaningful, prompt, probable cause hearing, and has been denied the right to counsel. Accordingly, the Court should grant a writ of habeas corpus and discharge Ramsey from the custody of the Fulton County Jail. PARTIES 8.

Petitioner Sean Ramsey is an indigent, 48-year-old man. He is

homeless and currently resides in Fulton County. He is incarcerated in the Fulton County Jail only because he cannot afford to pay $200 for his release.

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9.

Theodore Jackson is the Sheriff of Fulton County and the custodian of

all inmates in the Fulton County Jail, including Ramsey. O.C.G.A. § 42-4-1(a) (“[S]heriffs are jailers of the counties . . . .”). JURISDICTION 10.

Petitioner Sean Ramsey is incarcerated in the Fulton County Jail

awaiting adjudication in the Fulton County State Court for the offense of “pedestrian soliciting on roadway.” O.C.G.A. § 40-6-97. 11.

This Court has habeas corpus jurisdiction under O.C.G.A. § 9-14-1(a),

which provides, “Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint.” PROCEDURAL HISTORY 12.

Ramsey was arrested on September 19, 2017. (Ex. 1 (Uniform Traffic

Citation 5341543 & Offense Report).) The police report alleges that Ramsey was standing on the corner of Central Avenue and Memorial Drive holding a “hand made cardboard sign.” The sign read “homeless please help.” Ramsey was arrested “without incident.” Id. He was charged with the offense of “pedestrian soliciting on roadway.” O.C.G.A. § 40-6-97. Id. 13.

Following Ramsey’s arrest, Ramsey was transported to the Atlanta

City Detention Center.

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14.

Ramsey’s case was due to be heard in the Atlanta Municipal Court on

September 20, 2017. Ramsey, however, was prevented from appearing in court that day. The Atlanta City Detention Center Court Appearance Sheet from September 20, 2017 includes the following clerk’s notation, without elaboration, next to Ramsey’s name: “NAC [not at court]/UNRULY.” 15.

On September 20, 2017, a judge of the Atlanta Municipal Court

signed an order binding Ramsey’s case over to the Fulton County State Court. Ramsey was never brought before the Atlanta Municipal Court and never had a first appearance hearing or any hearing of any kind. 16.

Ramsey remained in the Atlanta City Detention Center until Atlanta

26, 2017, again, without counsel or a hearing. 17.

Ramsey was transferred to the Fulton County Jail on September 26,

2017. Since that date, he has not been brought before the Fulton County State Court or any other court. (Ex. 3.) As of the date of this filing, there is no Fulton County State Court complaint number assigned to his case. He has not seen or heard from any representative of the public defender office or any other courtappointed lawyer, nor has he been given any opportunity to assert his indigence or to request court-appointed counsel. 18.

Ramsey’s bail is set at $200. If Ramsey could pay that amount, he

would be released from jail immediately. Ramsey cannot pay $200 for his release.

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GROUNDS FOR RELIEF 19.

Without waiving any other grounds for relief that he may have or that

may appear to the Court, Ramsey asserts that his custody violates the Fourth, Sixth, and Fourteenth Amendments to the United States Constitution, and numerous provisions of Georgia law, for the following reasons: I.

Ramsey Is Confined in Violation of the Fourteenth Amendment Because He Is in Jail Solely Due to His Inability to Pay Money. 20.

Ramsey incorporates all preceding allegations as if fully set out

herein. 21.

Ramsey has been incarcerated since his arrest on September 19, 2017.

He is being held on a $200 bond awaiting proceedings in the Fulton County State Court after being bound over from the Atlanta Municipal Court. 22.

Ramsey’s bail was set according to the Municipal Court’s pre-set bail

schedule. It is the policy and practice of the Municipal Court to refuse to release misdemeanor arrestees from jail unless they pay a generically set bond amount. Because this sum is set by reference to the alleged offense, no individualized factors are considered, and anyone who cannot afford to pay bail is held in jail until the City brings the arrestee before the Municipal Court. 23.

The Municipal Court ordered that Ramsey may be released if he pays

$200. (Ex. 3.) It did so in Ramsey’s absence, since Ramsey has never been to

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court in this case. Accordingly, no judge inquired of Ramsey how much he could afford to pay as bond. 24.

In June 2017, the United States District Court for the Northern District

of Georgia issued an order halting the City of Calhoun’s policy of jailing lowincome people who could not pay money bail according to a pre-set bond schedule, without inquiring into ability to pay. See Walker v. City of Calhoun, No. 4:15-cv170-HLM, 2017 WL 2794064 (N.D. Ga. Jun. 16, 2017) appeal pending, No. 1713139 (11th Cir.).1 The bond schedule at issue in that case is similar to the one used by the Atlanta Municipal Court. 25.

Ramsey is being held only because he cannot pay the amount set by

the Municipal Court. Based on a review of court documentation and inquiries directed to jail and court officials, he does not appear to have other warrants, probation or parole holds, or detainers. 26.

Ramsey’s inability to pay the amount of money set by the Municipal

Court is not the result of a voluntary decision by Ramsey.

See also ODonnell v. Harris County, 251 F. Supp. 3d 1052, 1131 (S.D. Tex. 2017), appeal pending, No. 17-20333 (5th Cir.) (finding unconstitutional the Harris County, Texas pre-trial bail system, which is similar to the system in the Atlanta Municipal Court); Jones v. City of Clanton, No. 2:15-cv-34-MHT, 2015 WL 5387219 (M.D. Ala. Sept. 14, 2015) (holding that it violates the Fourteenth Amendment to detain a person after arrest who cannot pay a monetary amount “without an individualized hearing regarding the person’s indigence and the need for bail or alternatives to bail[.]”) 1

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27.

Ramsey is indigent. Ramsey has no savings and no valuable property.

28.

Ramsey has no way of producing enough money to purchase his

release from jail in the foreseeable future. 29.

The Municipal Court has implicitly recognized that Ramsey is not a

flight risk and is not a dangerous offender, because the Court ordered that Ramsey could be released simply by coming up with some money. 30.

The Municipal Court had actual notice that Ramsey is indigent

because the allegations against him were that he was holding a “hand made cardboard sign” that read “homeless please help.” (Ex. 1 (Uniform Traffic Citation 5341543 & Offense Report).) 31.

The use of cash bail in the manner described herein—to detain a

homeless person accused of holding a sign seeking “help,” whereas an arrestee with $200 would be immediately released from jail—violates the right of Ramsey to equal protection of the law guaranteed by the United States Constitution and Georgia Constitution because it discriminates against him by denying him the pretrial freedom made available to those who can pay for release for the same offense.

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II.

Ramsey Is Confined in Violation of the Fourth Amendment and O.C.G.A. § 17-4-62 Because He Has Not Appeared Before Any Judicial Officer Since His Arrest on September 19, 2017. 32.

Ramsey has been jailed since September 19, 2017, without having

been afforded a meaningful judicial determination of probable cause to hold him in custody. 33.

As detailed above, Ramsey was not brought before a judicial officer

for first appearance as docketed on September 20, 2017. Neither was there any effort to re-set the case after a clerk noted that Ramsey was allegedly “unruly” on September 20. Ramsey’s case was instead bound over from the Municipal Court to the Fulton County State Court, in Ramsey’s absence. A municipal court judge further imposed a $200 bond, in Ramsey’s absence, and without inquiry into his ability to pay money bail. 34.

Ramsey’s detention for over two months without a court appearance

violates forty years of settled constitutional precedent requiring that people arrested and detained for criminal offenses must be given prompt judicial determinations of probable cause. U.S. Const. amend IV; Gerstein v. Pugh, 420 U.S. 103 (1975); see also County of Riverside v. McLaughlin, 500 U.S. 44 (1991). 35.

Ramsey’s confinement for over two months without a first appearance

also violates O.C.G.A. § 17-4-62, which states that an officer effectuating a warrantless arrest “shall, without delay, convey the offender before the most

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convenient judicial officer authorized to receive an affidavit and issue a warrant . . . .” O.C.G.A. § 17-4-62 further states that “[n]o such imprisonment shall be legal beyond a reasonable time allowed for this purpose; and any person who is not brought before such judicial officer within 48 hours of arrest shall be released.” Id. (emphasis added). Ramsey has been held without a hearing for about thirty times longer than the period permitted by O.C.G.A. § 17-4-62 or the Fourth Amendment. McLaughlin, 500 U.S. at 56. 36.

Ramsey’s detention without being brought before a court violates

O.C.G.A. § 17-4-62, the Fourth Amendment of the United States Constitution, and Article I, Section I, Paragraph XIII of the Georgia Constitution.

III.

Ramsey Is Being Held in Violation of the Sixth and Fourteenth Amendments Because He Is Being Denied His Right to Counsel. 37.

Ramsey incorporates all preceding allegations as if fully set out

herein. 38.

In violation of the constitutional right to counsel, Ramsey has been

incarcerated for over two months without any lawyer to represent him. U.S. Const. amend. VI; Ga. Const. art. I, sec. I, para. XIV. 39.

Ramsey is indigent and was indigent when he was docketed for

appearance in the Municipal Court on September 20, 2017. He cannot afford counsel.

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40.

Ramsey was denied his right to counsel during proceedings in the

Atlanta Municipal Court. He had no lawyer to represent him in those proceedings, and no opportunity to request counsel. 41.

Since arriving at the Fulton County Jail on September 26, Ramsey has

not been before any judge of the Fulton County State Court or any other judicial officer. 42.

Since arriving at the Fulton County Jail on September 26, Ramsey has

not seen or heard from any representative of the public defender office. 43.

Ramsey is currently being detained in the Fulton County Jail without

any counsel to represent him in his pending criminal matter. 44.

Ramsey did not knowingly and intelligently waive his right to

counsel.

PRAYER FOR RELIEF For the foregoing reasons, Sean Ramsey respectfully prays that this Court: A.

Issue a writ of habeas corpus to have Sean Ramsey brought before this Court so that that the Court may inquire into the cause of his confinement;

B.

Summarily grant relief on the basis of this Petition and the attachments thereto, or hold a hearing on this Petition as soon as practicable;

C.

Permit Ramsey to amend this Petition with additional allegations and grounds for relief; 11

D.

Order Ramsey discharged from his unlawful custody;

E.

Grant such other relief as may be appropriate. Respectfully submitted,

_____________________________ Sarah Geraghty Ga. Bar No. 291393 Akiva Freidlin Ga. Bar No. 692290 Ryan Primerano Ga. Bar No. 404962 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, NW Atlanta, Georgia 30303 (404) 688-1202 (404) 688-9440 (facsimile) [email protected] November 29, 2017

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CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing on the Respondent, the Solicitor General, the County Attorney and the District Attorney by causing true and correct copies thereof to be deposited with the United States Postal Service, first-class postage prepaid, in envelopes addressed as follows: Theodore Jackson Sheriff of Fulton County 185 Central Avenue, SW 9th Floor Atlanta, GA 30303 Keith E. Gammage Solicitor General 160 Pryor Street, Suite J-301 Atlanta, GA 30303 Patrice Perkins-Hooker Fulton County Office of the County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, GA 30303 Paul L. Howard, Jr. Fulton County District Attorney’s Office 136 Pryor Street Atlanta, GA 30303 This 29th day of November, 2017.

_____________________________ Sarah Geraghty

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

SEAN RAMSEY, Petitioner, v. THEODORE JACKSON, Sheriff, Respondent.

) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO.

WRIT OF HABEAS CORPUS To Sheriff Theodore Jackson: You are hereby commanded to produce the body of Sean Ramsey, alleged to be illegally detained by you, together with the cause of the detention, before me on the _____ day of _____________, 2017, at _______ a.m./p.m., then and there to be disposed of as the law directs. Given under my hand and official signature, this ____ day of __________, 2017. ___________________________ Judge, Superior Court of Fulton County Prepared by: Sarah Geraghty Ga. Bar No. 291393 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, NW Atlanta, Georgia 30303 (404) 688-1202 [email protected] Counsel for Petitioner

FULTON COUNTY IN THE SUPERIOR COURT OF ___________________________ STATE OF GEORGIA

SEAN RAMSEY ____________________________________ , Petitioner 1719385 (Booking Number) ____________________________________ , Inmate Number

Civil Action No. _________________________

vs. THEODORE JACKSON, SHERIFF ____________________________________ , Warden FULTON COUNTY JAIL ____________________________________ , Respondent

Habeas Corpus

(Name of Institution where you are now located)

APPLICATION FOR WRIT OF HABEAS CORPUS PART I: BACKGROUND INFORMATION ON YOUR CONVICTION 1. Name, county, and court which entered the judgment of conviction under attack: N/A (Petitioner has been jailed since Sept. 19 without being brought before any court. There is no conviction to attack.) _________________________________________________________________________________

N/A 2. Date of conviction: _________________________________________________________________

(Please Note: O.G.C.A. § 9-14-42(c) mandates that applications for writ of habeas corpus must be filed within a certain time. Please see Instructions (7) for more information.) N/A 3. Length of sentence(s): _______________________________________________________________ 4. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court and at the same time? Yes No (Pre-trial) Pedestrian Soliciting Rides or Business 5. Name of offense(s). List all counts: _____________________________________________________

__________________________________________________________________________________ 6. What was your plea? Please check one: Guilty Guilty but mentally ill Nolo contendere Not guilty If you entered a guilty plea to one count or indictment, and a not guilty or nolo contendere plea to another count or indictment, give details: ________________________________________________ N/A __________________________________________________________________________________ __________________________________________________________________________________ 7. Kind of trial. Please check one: Jury Judge only 8. Did you testify at the trial? Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

No

Yes [1]    

Form  HC-­‐1

9. Did you appeal from the conviction?

Yes

No

10. If you did appeal, answer the following: Name of appellate court to which you appealed: __________________________________________ Result of appeal: ________________________ Date of result: ___________________________ 11. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this conviction in any state or federal court? Yes No 12. If your answer to 11 was “Yes,” give the following information: (Note: If more than three petitions, please use a separate sheet of paper and use the same format to list them.) A. Name of court and case number: ____________________________________________________ What kind of case or action was this? ________________________________________________ All grounds raised (attach extra sheet of paper if necessary) : _____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Did a judge hear the case?

Yes

No

Did witnesses testify?

Yes

No

Name of Judge: _________________________________________________________________ Result: ________________________________________________________________________ Date of Result: _________________________________________________________________ B. As to any second petition, application or motion, give the same information. Name of court and case number: ____________________________________________________ What kind of case or action was this? ________________________________________________ All grounds raised (attach extra sheet of paper if necessary) : _____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Did a judge hear the case?

Yes

No

Did witnesses testify?

Yes

No

Name of Judge: _________________________________________________________________ Result: ________________________________________________________________________ Date of Result: _________________________________________________________________ C. As to any third petition, application or motion, give the same information. Name of court and case number: ____________________________________________________ What kind of case or action was this? ________________________________________________ Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

[2]    

Form  HC-­‐1

All grounds raised (attach extra sheet of paper if necessary) : _____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Did a judge hear the case?

Yes

No

Did witnesses testify?

Yes

No

Name of Judge: _________________________________________________________________ Result: ________________________________________________________________________ Date of Result: _________________________________________________________________ D. Did you appeal to the Georgia Supreme Court or the Georgia Court of Appeals from the result taken on any petition, application, or motion listed above? First petition, application or motion:

Yes

No

Second petition, application or motion:

Yes

No

Third petition, application or motion:

Yes

No

E. If you did not appeal from the denial of relief on any petition, application or motion, explain briefly why you did not: __________________________________________________________ N/A ______________________________________________________________________________

______________________________________________________________________________ F. If you appealed to the highest state court having jurisdiction, did you file a petition for certiorari in the United States Supreme Court to review the denial of your petition by the Georgia Supreme Court or the Georgia Court of Appeals? Yes No 13. Do you have any petition or appeal now pending in any court, either state or federal, as to the conviction under attack? Yes No 14. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment attacked herein: N/A (Petitioner has never been brought before a court.) At preliminary hearing: _____________________________________________________________

_________________________________________________________________________________ At arraignment and plea: ____________________________________________________________ _________________________________________________________________________________ At trial: __________________________________________________________________________ _________________________________________________________________________________ At sentencing: ____________________________________________________________________ _________________________________________________________________________________ On appeal: _______________________________________________________________________ _________________________________________________________________________________ In any post-conviction proceeding: ____________________________________________________ _________________________________________________________________________________ On appeal from any adverse ruling in a post-conviction proceeding: __________________________ Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

[3]    

Form  HC-­‐1

_________________________________________________________________________________ 15. Do you have any other sentence, either state or federal, to serve after you complete the sentence imposed by the conviction under attack? Yes No ✔

If so, give the name and location of the court(s) which impose any other sentence: _________________________________________________________________________________ _________________________________________________________________________________ State the date and length of any other sentence to be served: _________________________________ _________________________________________________________________________________ Have you filed, or do you contemplate filing, any petition attacking the judgment(s) which imposed any other sentence? Yes No

Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

[4]    

Form  HC-­‐1

PART II: STATEMENT OF YOUR CLAIMS State concisely every ground on which you now claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting the same. 1. Petitioner's confinment violates the Fourteenth Amendment to the United States Constitution GROUND ONE: ______________________________________________________________________

because he is being held in jail solely because he cannot afford to pay a certain amount of money. _____________________________________________________________________________________

_____________________________________________________________________________________ (See Attachment) SUPPORTING FACTS. (Tell your story briefly without citing cases or law): _______________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. Petitioner is confined in violation of the Fourth Amendment to the United States Constitution and GROUND TWO: ______________________________________________________________________

O.C.G.A. § 17-4-62 because he has not appeared before any judicial officer since his arrest on September 19, 2017. _____________________________________________________________________________________

_____________________________________________________________________________________   (See Attachment) SUPPORTING FACTS. (Tell your story briefly without citing cases or law): _______________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. Petitioner's custody violates the Sixth and Fourteenth Amendments to the United States GROUND THREE: ____________________________________________________________________ Constitution and Georgia law because he is being denied his right to counsel. _____________________________________________________________________________________

_____________________________________________________________________________________   (See Attachment) SUPPORTING FACTS. (Tell your story briefly without citing cases or law): _______________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________   4. GROUND FOUR: _____________________________________________________________________ Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

[5]    

Form  HC-­‐1

_____________________________________________________________________________________ _____________________________________________________________________________________   SUPPORTING FACTS. (Tell your story briefly without citing cases or law): _______________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________  

Administrative  Office  of  the  Courts  (Revised  9-­‐10-­‐14)  

[6]    

Form  HC-­‐1

(See attachment ) Petitioner has not presented the grounds listed in Part II to any outher court because, in the unique circumstances of this case, habeas corpus is the only practicable remedy. The Fulton County State Court has not initiated a case against Mr. Ramsey. There is no State Court complaint number on file.

/s/ Sarah Geraghty 83 Poplar Street NW Atlanta, GA 30303

11/29/2017

EXHIBIT 1

EXHIBIT 2

EXHIBIT 3

EXHIBIT 4

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