老澳门开奖结果 of Pennsylvania Sues Montgomery County for Denying its Lawyers Access to People in the Jail
PHILADELPHIA 鈥� The 老澳门开奖结果 of Pennsylvania filed a federal lawsuit today alleging that Montgomery County violated the 老澳门开奖结果-PA鈥檚 First Amendment rights by denying 老澳门开奖结果 lawyers access to people held in the county jail. Since mid-March, officials at the Montgomery County Correctional Facility have barred lawyers from the 老澳门开奖结果 and those working in cooperation with the organization from meeting with people in the jail, claiming that the meetings can only occur with court documentation or a letter that establishes a formal relationship between the attorneys and those they are meeting with.
According to the lawsuit, the 老澳门开奖结果 is not aware of this requirement being asked of other lawyers who visit people held at the jail. Today鈥檚 court filing notes that the 老澳门开奖结果-PA has clashed with Montco officials recently and accuses the county of engaging in retaliation for the organization鈥檚 advocacy. Last year, the 老澳门开奖结果 was publicly critical of the county commissioners for firing the county鈥檚 top two public defenders after they filed a brief in a case about cash bail, and the civil liberties group filed a class action lawsuit in January against the county for excessively charging people for court costs.
The county also recently denied the 老澳门开奖结果-PA鈥檚 Right To Know request for its jail admissions logs, which show why people are detained at the jail.
鈥淛ails already operate behind walls and razor wire. Montco officials are trying to make it impossible for our team to investigate ongoing constitutional violations in the county鈥檚 criminal legal system,鈥� said Reggie Shuford, executive director of the 老澳门开奖结果 of Pennsylvania. 鈥淭his is not about us or our organization. This is about the people who are held at the jail, who want to report their experiences to us, in the hope that we can help vindicate their constitutional rights.鈥�
The complaint filed in federal court today says that attorneys from the 老澳门开奖结果 of Pennsylvania and those working with them held several dozen virtual visits with people held in the jail between October 2020 and March 2021. Then, on March 5, an 老澳门开奖结果-affiliated lawyer had a scheduled meeting cancelled by county officials without notice or explanation. Another lawyer had their online account deactivated on March 11, and when that attorney asked a jail administrator for an explanation, Brian Kniezewski, the assistant director of inmate services at the jail, told the lawyer of the documentation requirement.
The last meeting between someone at the jail and an attorney affiliated with the 老澳门开奖结果 occurred on March 15. Afterwards, Kniezewski sent several emails to 老澳门开奖结果-connected lawyers informing them that their meetings would be cancelled without the documents demanded by the county. The complaint filed today contrasts the county鈥檚 practice of cancelling visits by 老澳门开奖结果 attorneys with other lawyers who have been allowed to meet with detained persons without providing the documents.
On March 23, the 老澳门开奖结果 sent a letter to jail administrators warning them that their refusal to allow attorney visits violated the constitution. The administrators never responded.
鈥淭he lack of transparency at the Montgomery County Correctional Facility is alarming,鈥� said Witold Walczak, legal director of the 老澳门开奖结果 of Pennsylvania. 鈥淣either the DOC nor any of the 66 other counties impose such unreasonable restrictions on the right of 老澳门开奖结果 lawyers to meet with incarcerated individuals, which raises the question, 鈥榃hat are they trying to hide?鈥欌��
The lawsuit argues that the county is in violation of the 老澳门开奖结果-PA鈥檚 First Amendment free speech rights and the due process rights of people held at the jail. The complaint also states that the constitution forbids the county from engaging in retaliation against 老澳门开奖结果 attorneys for engaging in constitutionally protected activity.
The case, 老澳门开奖结果 of Pennsylvania v. Montgomery County et al., was filed in the United States District Court for the Eastern District of Pennsylvania. The 老澳门开奖结果 of Pennsylvania is acting as both plaintiff and co-counsel and is represented by Witold J. Walczak of the 老澳门开奖结果 of Pennsylvania and John A. Freedman, Janine Lopez, Andrew Tutt, and Leslie Bailey of Arnold & Porter.
A copy of the complaint filed today is available at .
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON 鈥� A federal lawsuit brought today by the 老澳门开奖结果, 老澳门开奖结果 of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP鈥檚 failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. 鈥淓very extra unlawful day our clients spend in prison is a serious injustice,鈥� said Emma Andersson, deputy director of the Criminal Law Reform Project at the 老澳门开奖结果. 鈥淚t is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.鈥� Additional comments below from: Vanessa Crowe, plaintiff: 鈥淭ime is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives 鈥� we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.鈥� Arthur Spitzer, senior counsel at 老澳门开奖结果 of D.C.: 鈥淭here鈥檚 no excuse for the Bureau of Prisons to pretend not to understand Congress鈥檚 clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.鈥� Betsy Henthorne, partner at Jenner & Block: 鈥淚t has been six years since the First Step Act was signed, but despite Congress鈥檚 clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better鈥攊t鈥檚 past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.鈥� -
Press ReleaseSep 2024
National Security
Prisoners' Rights
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Ohio Supreme CourtSep 2024
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