Rothgery v. Gillespie County

Officers made a warrantless arrest of the defendant on a charge of felon in possession of a firearm, relying upon erroneous information that he had been previously convicted of a felony. They promptly brought the accused before a magistrate judge, where a probable cause determination was made, bail set, and formal notice of the charges given. No prosecutor was involved in or aware of the charges or proceeding. The defendant was conditionally released on posting a surety bond. Since he could not afford an attorney, he made multiple requests for one to be appointed, all to no avail. Six months later, he was indicted for the same offense, rearrested, and jailed on $15,000 bail. Being indigent and unable to post bail, he remained jailed for three months. After the county did appointed the defendant counsel, he quickly won a bail reduction, securing his release. He assembled documentation of the lack of a prior felony conviction, and had the charges dismissed. He then sued under §1983 for violation of his Sixth Amendment right to counsel.