Blair County inmate loses challenge to bail

U.S. magistrate’s recommendation awaiting review by federal judge

A Blair County Prison inmate has lost his initial attempt to turn his complaints about the county's bail system into a class action lawsuit before the U.S. District Court in Johnstown.

David B. Barr Jr., 36, is awaiting trial in Blair County on drug offenses. His trial was continued in January by President Judge Elizabeth Doyle.

Just before his case was continued, Barr filed a federal challenge to the $100,000 cash bail that has been keeping him in prison pending the outcome of his case.

He contended that his Eighth Amendment rights barring cruel and unusual punishment were being violated by the imposition of cash bail, which he cannot afford.

He also claims his long pretrial stay behind bars without trial is contrary to his constitutional right to a speedy trial.

U.S. Magistrate Keith Pesto in Johnstown was assigned to review his complaints, and in late January he recommended Barr's petition for federal intervention be dismissed.

Pesto stated that the federal rules require that state courts have the opportunity to first review federal constitutional challenges.

The magistrate's recommendation is awaiting review by U.S. District Judge Kim R. Gibson.

Barr this past week filed an additional federal petition seeking a class action challenge to the bail system.

His new petition names himself and five other Blair County Prison inmates who are incarcerated because they cannot afford to post cash bail.

One of those listed, Francis Fetterman, 35, was released two weeks ago after Blair County Judge Timothy M. Sullivan lowered his $50,000 cash bail to unsecured.

Fetterman contended he was in danger while in prison and filed his own petition requesting relief.

Barr's most recent petition contends, "We are being detained unconstitutionally in violation of our federal protection from unusual punishment."

The cash bail procedure "is a direct violation of the equal protection laws."

He stated the cash bail requirements, imposed when a suspect is arraigned on a criminal charge to ensure his appearance at subsequent hearings or for the protection of the community, are "inherently a form of wealth discrimination."

On Tuesday Pesto dismissed the class action petition, explaining, "One of the challenges to inmate litigation and litigation conducted by nonlawyers generally is the litigants' lack of familiarity with substantive law, procedural rules, and even clarity."

He stated the Barr class action petition could be dismissed for many reasons, but "to save time, I will name two."

Inmates, he said, must abide by the fee requirements of the Prison Litigation Reform Act, which was not done in the Barr case.

He went on to explain even if the other inmates want Barr to be their representative, there has been no attempt to conform to federal civil procedure rules for filing class actions.

"If the other inmates want to file their own petitions or complaints, they can do so at their own expense," Pesto concluded.

Other inmates named in the class action request include: Trevor Winters, 26, drug offenses, bail $180,000; Alex Plowman, 22, sexual offenses against a child, bail $100,000; Robert Noel, 29, drug offenses, bail $250,000, and Corey Fowler, 37, sexual offenses against a child, bail $150,000.