Fourth Circuit: Detainees Can’t Sue Judges Over Bail Policies, But Can Sue County

As part of the Training Division's continued efforts to spotlight and challenge the systemicand legal issues in pretrial detention, we report the latest from pretrial detainees in Prince George’s County, Md.: The judges here followed bail policies that arbitrarily denied us a shot at release. District court: Sorry, you can’t sue the judges—judicial immunity says no. Fourth Circuit : Not so fast—you still can’t sue the judges, but it’s not because of immunity. It’s because of the mystical arts of Article III standing. But good news: You can sue the county. And unlike its judges, the county doesn’t get immunity.

The case is Frazier v. Prince Georges Cty., No. 24-1380 (4th Cir. June 18, 2025).