ACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their Communities

WASHINGTON – 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’s motion to dismiss, allowing the case to proceed. The case, brought by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP, challenges the federal government’s 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. “Absent an injunction,” the court’s decision reads, “the Parolees will be forced to participate in the Government’s supervision programs on an unequal footing just because of their disabilities.” 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 — a 70-year-old military veteran with congestive heart failure that limits his ability to walk — 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 “absent 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.” 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. “The undue hardships faced by people with disabilities on federal criminal supervision in the District of Columbia have gone unaddressed for too long,” said Scott Michelman, legal director, ACLU of the District of Columbia. “This decision is a victory for equal treatment and common sense.” “The Court’s opinion emphatically rejects the federal government's ‘do-nothing’ policy for people with disabilities on supervision in Washington, D.C., who have been forced to navigate onerous requirements without accommodations for decades,” said Allison Frankel, staff attorney with the ACLU Criminal Law Reform Project. “This 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.“ “We are thrilled the Court recognized that the Parole Commission and CSOSA must accommodate our clients’ disabilities so that they have an equal opportunity to succeed on supervision,” said Zoé Friedland, staff attorney with the Public Defender Service for the District of Columbia. “We will keep fighting to make this relief permanent and systemic so that all people on supervision have an equal chance to succeed.” The decision on the preliminary injunction can be found here: https://www.aclu.org/cases/mathis-v-united-states-parole-commission?document=Preliminary-Injunction-Opinion The complaint can be found here: https://www.aclu.org/documents/w-mathis-v-united-states-parole-commission-complaint

MEMPHIS, Tenn. — Today, the American Civil Liberties Union (ACLU) Criminal Law Reform Project, ACLU of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee’s 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 ACLU, ACLU of Tennessee, Just City, and other local advocates. The agreement required the examination of a person’s financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person’s 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. “Bail reform works, and it was working in Shelby County. More Tennesseans were returning home to live peacefully in their communities,” said Trisha Trigilio, senior staff attorney for the ACLU. “This 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.” "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." “We 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.” said Stella Yarbrough, legal director at the ACLU of Tennessee. “Everyone 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—like poverty and lack of opportunity.” Simpson Thacher & Bartlett LLP Litigation Partner Craig Waldman added, “Tennessee’s law banning judges from considering an individual’s 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.” 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’s 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.

McALLEN, Texas – 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 American Civil Liberties Union, and the ACLU 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. “When I first heard Lizelle’s story, I was outraged at the behavior of our elected officials,” said Cecilia Garza, attorney at Garza Martinez. “The court’s 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.” 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’s constitutional rights. The court denied their motions to dismiss, allowing Gonzalez’s case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. “Immunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people’s rights, knowing they will face few – if any – consequences,” said Lauren Johnson, director of the ACLU’s Abortion Criminal Defense Initiative. “While immunity often obstructs victims of misconduct from attaining accountability, the court’s 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.” “Texas 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,” said David Donatti, senior staff attorney for the ACLU of Texas. “We 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.”

NEW YORK – The American Civil Liberties Union released Trump on the Criminal Legal System today, as part of its 2024 “Freedom is on the Ballot” election policy memo series. The memo includes analysis of the likely policies on the criminal legal system that Americans can expect from a possible second Trump administration — along with a roadmap of concrete legal, legislative, and advocacy actions the ACLU would take in response to these policies should the former president win in November and implement them. The full memo can be found here. “Trump has told us what he wants to do with a second term: fuel mass incarceration, encourage law enforcement to engage in unconstitutional policing practices, and expand the death penalty,” said Yasmin Cader, director of the ACLU’s Trone Center for Justice and Equality. “We know from this country’s history that these extreme and immoral policies harm communities and infringe upon on our rights and humanity. The ACLU is prepared to meet the Trump administration with the same fierce response as we did during his last term in office should he be reelected.” Based on Trump’s own statements, advocates can expect a second Trump administration to further dehumanize people in our criminal legal system and reverse many reforms gained over the last two decades, including by: Fueling brutal and authoritarian policing by encouraging use of deadly force, supplying local law enforcement agencies with military equipment, and overturning federal checks on law enforcement abuse. Accelerating mass incarceration by directing federal prosecutors to seek the most serious charges and maximum sentences, pressuring local prosecutors to take a similarly draconian approach, and reincarcerating thousands of people on home confinement. Expanding the use of the death penalty by broadening the category of crimes punishable by death, sentencing more people to die, and killing every person on federal death row. The ACLU’s roadmap released today outlines multiple routes for defending our constitutional rights against these attacks, including: Litigation: The ACLU will challenge unlawful attempts by a Trump administration to reincarcerate people on home confinement, fight against the return of torturous methods of execution, and defend the health, safety, and dignity of incarcerated people. Federal advocacy: The ACLU will advocate for Congress to constrain the funneling of military equipment to local police, fight for legislation to end sentencing disparities, and, under any administration, continue to push for the full implementation of the First Step Act. Mobilizing the states: The ACLU will work with states to reduce opportunities for violent encounters with police, including by advocating for state use of force standards and the de-prioritization of non-safety related traffic stops. We will continue our work exposing the racist roots of capital punishment and ending the death penalty, state by state. “Trump threatens to drown out millions of voices across the country demanding transformative change to our criminal legal system and a new approach to achieving safe communities,” said Ellen Flenniken, deputy director of campaigns at the ACLU’s Justice Division. “But the ACLU will not let these voices be silenced. We will make clear to elected officials on the federal, state, and local levels that Trump’s extremist approach to the criminal legal system is ineffective, cruel, and against the will of the people — and we will resist at every level of government.” From 2017-2021, the ACLU filed more than 430 legal actions against the Trump administration, including lawsuits aimed at defending the right to protest against police brutality, protecting the health and humanity of incarcerated people during the COVID-19 pandemic, and stopping mass surveillance by law enforcement. In Trump on the Criminal Legal System, the ACLU makes the case for why, if he’s elected, the policies Trump and his supporters are proposing on the campaign trail would be far more aggressive than the policies we saw during Trump’s presidency, threatening all of our civil rights and liberties and continuing to fuel our mass incarceration crisis. Additionally, the ACLU discusses why it’s imperative for elected officials in Congress and state and local governments, as well as civil society, to mobilize now to begin planning a sustained and coordinated response. Trump on the Criminal Legal System marks the seventh and final memo in the series the ACLU is releasing on Trump’s anticipated policies. Previous memos have covered immigration, LGBTQ rights, abortion, DEI (diversity, equity, and inclusion), voting rights, and surveillance, protest, and free speech. Following its focus on policies of a potential second Trump administration, the ACLU will focus on those of a potential second Biden administration. All released memos will be available here.