Clement David Poiroux v. Ashley Rich

Summary

The court held that claims concerning the filing fee were not barred by the rule against using a civil action to collaterally attack criminal judgments, but claims for refunds and other monetary relief were barred by sovereign immunity. The criminal defendants lacked standing to seek prospective declaratory or injunctive relief because future injury was speculative, while the bail-bond companies adequately alleged a likely injury from having to pay the filing fee for future clients. The court affirmed dismissal of the back-end-fee claims, monetary claims, claims against the sheriffs, and the criminal defendants' declaratory and injunctive claims, but reversed dismissal of the bail-bond companies' nonmonetary claims against the remaining defendants and remanded. Justice Murdock, concurring specially, noted that the declaratory claim did not implicate the State treasury and would allow the circuit court to consider alternative merits grounds in the first instance.