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eBook details

• Title: J & M Bail Bonding Company v. Hayes
• Author : Alabama Supreme Court
• Release Date : January 05, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. J & M Bail Bonding Company and AA Bail Bonding, Inc., are professional bonding companies owned by Ronald McCoy. They are authorized to act as sureties and to issue bail bonds in Etowah County. On or about August 29, 1998, James Hayes, sheriff of Etowah County, learned that McCoy had caused Richard Briggs, a corrections officer at the Etowah County Detention Center, to block telephone calls from inmates to Eagle Bonding Company, a major competitor of J & M and AA. Sheriff Hayes considered McCoy's involvement in blocking telephone calls to another bonding company a compromise of the security of the jail. He terminated the rights of J & M and AA to issue bail bonds for inmates at the Etowah County Detention Center. J & M and AA petitioned the Etowah County Circuit Court to enjoin Sheriff Hayes from revoking their right to issue bonds at the county detention center. J & M and AA argued that only the presiding Judge had the authority, pursuant to § 15-13-163, Ala. Code 1975, to revoke their right to issue bail bonds. The trial court conducted a hearing on the petition of J & M and AA for injunctive relief. At the hearing, Briggs, who owed money to McCoy, admitted that he had blocked telephone calls from the inmates to Eagle Bonding Company around August 24, 1998, and that Sheriff Hayes had fired him for his actions. Briggs stated also that, before he blocked the calls to Eagle, he had a conversation with McCoy and ""kiddingly"" told McCoy that he (Briggs) should block the inmates' telephone calls to all bonding companies except calls made to J & M and AA. Although both Briggs and McCoy testified that McCoy did not influence Briggs to block calls to other bonding companies, two tape-recorded conversations admitted into evidence at trial revealed that McCoy had expressed to Briggs his concern that Eagle was getting more business than J & M and AA, that McCoy had commended Briggs for ""handling his part"" in blocking calls to Eagle, and that McCoy had asked Briggs to block the calls to Eagle every other week.

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