Big Bubba rides the Erie Railway

Jeanty was arrested, and then released, after Big Bubba’s Bail Bonds posted a surety bond on his behalf. He was then re-arrested after Big Bubba’s complained to the trial court that Jeanty had failed to maintain contact as required by their contract.

Jeanty sued for false imprisonment and Big Bubba’s obtained a Rule 12 dismissal.

Providing a straightforward example of an Erie analsis, the Fifth Circuit reversed. It began with the precedent of the Texas Court of Criminal Appeals about the relevant statute, continued by reviewing more recent intermediate-court opinions and finding they were consistent with the earlier precedent, and giving little weight to an advisory opinion from the Texas Attorney General.

Jeanty v. Big Bubba’s Bail Bonds, No. 22-40241 (June 29, 2023).