老澳门开奖结果 Sues Texas County Over Discriminatory, Wealth-Based Bail System
GALVESTON, Texas 鈥� The 老澳门开奖结果, the 老澳门开奖结果 of Texas, and the law firm Arnold & Porter filed a federal class-action lawsuit yesterday against Galveston County, Texas, for violating the constitutional rights of people arrested for misdemeanors and felonies.
The lawsuit was brought against the county itself as well as the county鈥檚 sheriff, chief magistrate judge, and chief prosecutor. This is the first filing by the 老澳门开奖结果 to include the district attorney for the county named in the lawsuit. It seeks an immediate and permanent change to an unconstitutional cash bail system that discriminates against people who are financially strapped, as well as damages for wrongfully detained plaintiffs.
Those who cannot afford to pay money bail amounts determined by the county鈥檚 bail schedule are detained for weeks or longer, while those who face the same charges but can afford to pay the money bail amounts are freed until trial. Galveston County鈥檚 district attorneys are involved in setting bail amounts for felony charges, often recommending bail amounts even higher than what the bail schedule suggests.
鈥淎 person鈥檚 wealth should never decide their freedom, but that鈥檚 exactly what鈥檚 happening in Texas and across the country,鈥� said Brandon Buskey, staff attorney with the 老澳门开奖结果鈥檚 Criminal Law Reform Project. 鈥淕alveston鈥檚 bail system disregards the presumption of innocence, destroys families, and negatively affects jobs and homes.鈥�
The lawsuit argues that Galveston County鈥檚 system of money bail violates the Constitution because it keeps people in jail if they can鈥檛 afford bail while allowing those who can pay to go home to their families, jobs, and communities. With each day in jail, the person鈥檚 chances for a fair trial diminish as evidence and witnesses disappear, and many who are innocent nonetheless plead guilty simply to end the ordeal.
鈥淎 system that requires people to buy their freedom is not a system interested in dispensing justice,鈥� said Trisha Trigilio, senior staff attorney for the 老澳门开奖结果 of Texas. 鈥淥ur clients are seeking one thing 鈥� a fair hearing. Rich or poor, everyone should have a meaningful chance for a judge to hear them out before they are locked in a jail cell. But that鈥檚 not what鈥檚 happening in Galveston County.鈥�
The suit, filed on behalf of one plaintiff representing a class in U.S. District Court for the Southern District of Texas, accuses county officials of operating a two-tiered system of justice based on wealth, in violation of the Right-to-Counsel, Due Process, and Equal Protection clauses of the Constitution.
鈥淪tudies consistently show that individuals who are held in jail until trial are more likely to be convicted, and more likely to be sentenced to prison, than those who are released pending trial,鈥� said Christopher Odell, an attorney with Arnold & Porter. 鈥淥ur goal is to ensure that the criminal justice system is fair to everyone in Galveston County, whether they鈥檙e rich or poor or somewhere in between.鈥�
The plaintiff Aaron Booth, age 36, was arrested on April 8 for drug possession. He cannot afford the $20,000 money bail required by the court鈥檚 bail schedule. Mr. Booth fears losing his job because he is in jail; a job he needs to help his mother afford her monthly expenses.
Galveston鈥檚 system of wealth-based detention is arbitrary, the lawsuit argues. Each offense has an assigned dollar amount. If a person can arrange to pay the full amount to the sheriff in cash or property, or can arrange for payment through a bail bond company or another third party, the sheriff releases that person automatically without evaluating whether the person will flee before trial or endanger the community.
Those who cannot pay the pre-determined bail amount must remain in jail indefinitely.
The lawsuit against Galveston County is a continuation of efforts from the 老澳门开奖结果 Campaign for Smart Justice to end wealth-based bail detention in Texas and across the nation. Thirty-seven 老澳门开奖结果 state affiliates are spearheading efforts to end this unjust system.
The 老澳门开奖结果 Campaign for Smart Justice 鈥� an unprecedented effort to reduce the U.S. jail and prison population by 50 percent and to combat racial disparities in the criminal justice system 鈥� has launched a new initiative focused on bolstering the movement to end money bail and eliminate wealth-based pretrial detention through legislative advocacy, voter education, and litigation. The lawsuit in Galveston County is one of several related filings by the 老澳门开奖结果 in 2018, with many to come across the country in the effort to end our overreliance on the money bail system.
Yesterday鈥檚 complaint can be found here:
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
Smart Justice
老澳门开奖结果 Celebrates President Biden鈥檚 Clemency Announcement, Allowing Hundreds to Remain in Their Communities老澳门开奖结果 Celebrates President Biden鈥檚 Clemency Announcement, Allowing Hundreds to Remain in Their Communities
WASHINGTON 鈥� President Biden heeded the calls of advocates and families today by granting commutations to close to 1,500 people who were released to home confinement at the height of the COVID-19 pandemic under the CARES Act and pardons to 39 additional people, including many veterans and women. The CARES Act, passed in 2020 in response to the COVID-19 pandemic, allowed certain groups of people to serve part of their sentences at home to mitigate the dangers of COVID-19 in federal prisons. Since then, thousands of people have been allowed to serve part of their sentences at home, securing jobs, reconnecting with loved ones, and reintegrating into their communities. The 老澳门开奖结果 advocated for the CARES Act and has been urging President Biden to provide clemency to CARES Act release recipients since 2021, launching a six-figure ad buy, engaging grassroots supporters, filing FOIA litigation, and more. 鈥淲e are thrilled that President Biden has allowed people to remain with their families and communities, where they belong, said Cynthia W. Roseberry, director of policy and government affairs at the 老澳门开奖结果鈥檚 Justice Division. 鈥淭he CARES Act was an unprecedented experiment in decarceration, and the data tells us it was incredibly successful. Of the over 13,000 people released, more than 99 percent have safely and successfully reintegrated into their communities. We urge Congress to build on the remarkable success of the CARES Act and pass other decarceration policies that prioritize compassion, redemption, and public safety.鈥� 鈥淧resident Biden鈥檚 actions today also remind us of the incredible and unique power of executive clemency,鈥� Roseberry continued. 鈥淭he 老澳门开奖结果 has long advocated for the categorical use of clemency to address unjust outcomes of the criminal legal system. While today鈥檚 announcement is wonderful, there is more to do in the final weeks before President Biden leaves office. We strongly urge President Biden to use his power to address this country's failed death penalty by commuting death row sentences.鈥� According to data the 老澳门开奖结果 obtained this year through FOIA litigation, the vast majority (71.8 percent) of those on home confinement had less than one year remaining in their sentence. Almost a quarter (23.5 percent) of CARES Act clemency recipients are older than 61 and over half (59.4 percent) are people of color. 鈥淏iden's announcement today means I can finally breathe a sigh of relief after 3.5 years of living with the fear of being sent back to prison for no reason,鈥� said Won Lee, released on CARES Act home confinement in May 2021. 鈥淭he second chance I got through the CARES Act allowed me to take care of my aging parents, restart my career, pursue a graduate degree, and receive treatment for the cancer I was diagnosed with shortly after returning home. Today's decision means I will no longer have to live with the uncertainty and fear that I will be unjustly uprooted from my life and family, who now depend on me. I am incredibly grateful and thrilled to sleep soundly tonight knowing I'll remain at home.鈥� Learn more about the 老澳门开奖结果鈥檚 campaign to commute death row here: /campaigns-initiatives/president-biden-commute-the-row -
Press ReleaseSep 2024
Criminal Law Reform
+2 Issues
Judge Orders Supervision System in Washington, D.C. to Accommodate People with DisabilitiesJudge Orders Supervision System in Washington, D.C. to Accommodate People with Disabilities
WASHINGTON 鈥� A federal court granted a preliminary injunction yesterday in a case filed on behalf of people with disabilities on parole and supervised release in Washington, D.C., ordering immediate action to address discriminatory conditions faced by the two named plaintiffs. The court also denied the government鈥檚 motion to dismiss, allowing the case to proceed. The case, brought by the 老澳门开奖结果, 老澳门开奖结果 of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP, challenges the federal government鈥檚 post-conviction supervision system in Washington, D.C. for systematically ignoring the needs of people with disabilities, thereby setting them up for failure on supervision and putting them at constant risk of sanctions, including incarceration. As the court held in its decision, such accommodations are likely required under federal disability law, specifically the Rehabilitation Act of 1973. The preliminary injunction requires that the United States Parole Commission and the Court Services and Offender Supervision Agency (CSOSA), the two federal agencies responsible for supervision in D.C., assess what reasonable accommodations the two named plaintiffs require to have an equal opportunity to succeed on supervision, and provide all such required accommodations. 鈥淎bsent an injunction,鈥� the court鈥檚 decision reads, 鈥渢he Parolees will be forced to participate in the Government鈥檚 supervision programs on an unequal footing just because of their disabilities.鈥� People on supervision in D.C. are required to comply with myriad and onerous rules. For people with disabilities, navigating these complex conditions is even more challenging. For example, Plaintiff Mr. Mathis 鈥� a 70-year-old military veteran with congestive heart failure that limits his ability to walk 鈥� struggles to travel throughout the city to attend frequent supervision meetings that often conflict with necessary medical procedures and hospitalizations. His supervision officer required him to wear an ankle monitor even after his doctor warned the monitor would jeopardize his health due to his heart condition. Plaintiff Mr. Davis, who lives with chronic pain stemming from third-degree burns as well as mental health conditions, also faces disability-related barriers getting to required meetings. Yet failing to meet any of these conditions, even something as simple as missing an appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. The court agreed that 鈥渁bsent immediate relief, the Parolees will face irreparable harm; namely, obstacles to success on supervision solely because of their disabilities, which expose them to downstream harms like revocation and reincarceration.鈥� The court did not decide whether it will ultimately certify a class that could yield relief for all people on supervision in D.C. who need accommodations. Instead, the court directed the parties to agree on a schedule for further proceedings on that issue. 鈥淭he undue hardships faced by people with disabilities on federal criminal supervision in the District of Columbia have gone unaddressed for too long,鈥� said Scott Michelman, legal director, 老澳门开奖结果 of the District of Columbia. 鈥淭his decision is a victory for equal treatment and common sense.鈥� 鈥淭he Court鈥檚 opinion emphatically rejects the federal government's 鈥榙o-nothing鈥� policy for people with disabilities on supervision in Washington, D.C., who have been forced to navigate onerous requirements without accommodations for decades,鈥� said Allison Frankel, staff attorney with the 老澳门开奖结果 Criminal Law Reform Project. 鈥淭his ruling ensures that our named Plaintiffs will have the accommodations they need to have a fair shot at completing parole and remaining in their communities.鈥� 鈥淲e are thrilled the Court recognized that the Parole Commission and CSOSA must accommodate our clients鈥� disabilities so that they have an equal opportunity to succeed on supervision,鈥� said Zo茅 Friedland, staff attorney with the Public Defender Service for the District of Columbia. 鈥淲e will keep fighting to make this relief permanent and systemic so that all people on supervision have an equal chance to succeed.鈥� The decision on the preliminary injunction can be found here: /cases/mathis-v-united-states-parole-commission?document=Preliminary-Injunction-Opinion The complaint can be found here: /documents/w-mathis-v-united-states-parole-commission-complaint -
Press ReleaseJul 2024
Smart Justice
Just City And Legal Advocates Challenge Tennessee鈥檚 Unprecedented Bail LawJust City And Legal Advocates Challenge Tennessee鈥檚 Unprecedented Bail Law
MEMPHIS, Tenn. 鈥� Today, the 老澳门开奖结果 (老澳门开奖结果) Criminal Law Reform Project, 老澳门开奖结果 of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee鈥檚 unprecedented new bail law, arguing that the law violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention. The law makes Tennessee the only state in the country to prohibit judges from considering whether people appearing before them will be able to pay for release. The new law, which went into effect on May 1, targeted successful bail reforms that Shelby County implemented following an agreement with the 老澳门开奖结果, 老澳门开奖结果 of Tennessee, Just City, and other local advocates. The agreement required the examination of a person鈥檚 financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person鈥檚 arrest; and imposition of secured money bail only as a last resort. As a result, more people returned home to their communities while at the same time lowering the number of people rearrested for new crimes. By rolling back these reforms, the Tennessee legislature has created a two-tiered system of justice, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk. Meanwhile, those who face the same charges but can afford to pay money bail are freed until trial. 鈥淏ail reform works, and it was working in Shelby County. More Tennesseans were returning home to live peacefully in their communities,鈥� said Trisha Trigilio, senior staff attorney for the 老澳门开奖结果. 鈥淭his shameful legislation targets low-income and marginalized Tennesseans for pointless jail time. We will not allow Tennessee lawmakers to end successful bail reform for political gain.鈥� "Our Constitution demands that judges make individualized determinations about pretrial release," said Josh Spickler, executive director at Just City. "This law prevents judges from doing that crucial work and results in the unnecessary detention of people who pose no risk to public safety because they can't afford to pay an arbitrary bail amount. That's not how our justice system is supposed to work." 鈥淲e don't have to choose between safety and justice; we can have both if we maintain a bail system that is evidence-based, fair, and constitutional.鈥� said Stella Yarbrough, legal director at the 老澳门开奖结果 of Tennessee. 鈥淓veryone has a basic right to freedom, and this new law contradicts decades of constitutional precedent. Freedom for the wealthy and punishment for poor people of all races violates the Constitution and disproportionately impacts Black people and people with disabilities, while doing nothing to address the systemic causes of crime鈥攍ike poverty and lack of opportunity.鈥� Simpson Thacher & Bartlett LLP Litigation Partner Craig Waldman added, 鈥淭ennessee鈥檚 law banning judges from considering an individual鈥檚 ability to pay bail is unfair and unconstitutional. The right to due process guaranteed under the Fourteenth Amendment is a bedrock of our justice system.鈥� Just City is an organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, and has long advocated for pretrial practices that prioritize fair and sensible release decisions over a person鈥檚 ability to pay. Their lawsuit asks the court to declare that this new bail law violates the Fourteenth Amendment and requests a preliminary injunction that would prohibit the Shelby County Sheriff from enforcing this law. -
Press ReleaseJul 2024
Reproductive Freedom
+2 Issues
Court Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of AbortionCourt Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of Abortion
McALLEN, Texas 鈥� A federal judge ruled today that a lawsuit seeking accountability for the unlawful investigation and prosecution of Lizelle Gonzalez can proceed, rejecting attempts by Starr County officials to have the case dismissed. Gonzalez, represented by Garza Martinez, the 老澳门开奖结果, and the 老澳门开奖结果 of Texas was unlawfully arrested, jailed, and charged with murder after a medication abortion she had in 2022. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancy. 鈥淲hen I first heard Lizelle鈥檚 story, I was outraged at the behavior of our elected officials,鈥� said Cecilia Garza, attorney at Garza Martinez. 鈥淭he court鈥檚 decision today to allow this case to proceed gives me hope that courts will not allow these types of egregious acts to continue. Law enforcement need to be held accountable to the laws that they took an oath to uphold.鈥� In the motions to dismiss, the prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez鈥檚 constitutional rights. The court denied their motions to dismiss, allowing Gonzalez鈥檚 case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. 鈥淚mmunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people鈥檚 rights, knowing they will face few 鈥� if any 鈥� consequences,鈥� said Lauren Johnson, director of the 老澳门开奖结果鈥檚 Abortion Criminal Defense Initiative. 鈥淲hile immunity often obstructs victims of misconduct from attaining accountability, the court鈥檚 decision today to allow the case to proceed will give Lizelle a chance to pursue the justice she deserves for being unlawfully targeted and prosecuted.鈥� 鈥淭exas is one of the most restrictive states in the country when it comes to abortion health care, but even in Texas, the laws are uniform and clear that pregnant women cannot be criminally liable for having an abortion,鈥� said David Donatti, senior staff attorney for the 老澳门开奖结果 of Texas. 鈥淲e expect and demand that our elected officials follow the rule of law, and that is especially true for officials elected to enforce the laws with so much power over our daily lives and personal decisions.鈥�