14th Amendment
On April 14, 2022, the DOJ entered into a settlement agreement with the South Carolina Department of Juvenile Justice to remedy conditions that violated young people’s constitutional rights at the Broad River Road Complex facility. The settlement agreement includes provisions that the Department “shall, at all times, provide youth at BRRC with safe living conditions,”…
On April 14, 2022, the DOJ filed a complaint against the South Carolina Department of Juvenile Justice for depriving youth confined in the Broad River Road Complex facility of their constitutional rights. The complaint highlights Fourteenth Amendment violations, namely that the Department of Juvenile Justice “(i) failed to reasonably protect children from youth-on-youth violence; and…
On December 21, 2021, the DOJ released its investigation of the Connecticut Manson Youth Institution, finding that the conditions violate young people’s rights under the Eighth and Fourteenth Amendments and the Individuals with Disabilities Education Act. In its Investigation, the DOJ stated “specifically, we find that Manson’s isolation practices and inadequate mental health services seriously…
This brief by the Black Attorneys of Legal Aid, Bronx Defenders, and Brooklyn Defenders was filed in support of petitioners in the Bruen case. The brief points to the racialized history of denying Black and Latine people lawful licenses to carry guns and outlines racial disparities in gun possession cases. Amici submit this brief “because we…
From the introduction: “This paper collects and summarizes existing scholarship on the effects of video technology in court proceedings. Federal courts, immigration courts, and state courts have long used video technology for certain kinds of proceedings. While the available scholarship on the use of video proceedings is limited, existing research suggests reason for caution in…
On September 14, 2020, the DOJ filed a statement of interest involving young people between the ages of 11 and 16 subject to “a broad range of unconstitutional conditions, including unsanitary and unsafe conditions, use of excessive force, overcrowding, lack of recreation and programming, inadequate health and mental health care, and inadequate educational services.” The…
The Ohio Appellate Court vacated a youth’s convictions and transfer order and offered the following language in support. “Because the juvenile court (1) did not identify all of the factors it considered, i.e., the “other information factors” referenced at the amenability hearing, (2) did not identify or discuss the factual or evidentiary basis for its…
[South Carolina] Department of Juvenile Justice’s Broad River Road Complex: Notice and Investigation
On February 5, 2020, the DOJ sent notice to the Governor of South Carolina regarding the alleged conditions they have reasonable cause to believe violate the U.S. Constitution at the Broad River Road Complex juvenile facility. The notice states, in part, “After carefully reviewing the evidence, we conclude that there is reasonable cause to believe…
On October 22, 2019, the DOJ filed a Statement of Interest in a federal conditions lawsuit, filed on behalf of children with disabilities confined at the Woodside Juvenile Rehabilitation Center in Vermont. The DOJ highlighted language included in the federal First Step Act, 18 U.S.C. § 5043(b)(1) reiterating that juvenile isolation principles “explicitly prohibits the…
The Louisiana Supreme Court took up defense counsel’s writ following the trial court’s denial of a motion to quash following the State’s dismissal and refiling of charges following two adverse rulings, in effect evading all appellate review of the court’s ruling. The court found the accused, Mr. Reimonenq’s, 14th Amendment right to due process and…
On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…
This article argues the Supreme Court’s recognition that children “are different than adults” creates a substantive due process right for every child to have an individualized assessment of their youthfulness at all critical junctures of a juvenile court proceeding, including transfer hearings. The article reviews transfer hearing statutes across the country and also analyzes fourteen…
On October 1, 2018, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…
On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…
The Kentucky Supreme Court found that competency attaches for young people at transfer hearings pursuant to the 6th and 14th Amendments of the U.S. Constitution as well as Section 11 of the Kentucky Constitution. The Court reasoned that because transfer hearings are critically important proceedings as identified in Kent, competence must be established before transfer…
“In this article, we address the question left unanswered by the Court in J.D.B.: In light of the substantial research establishing that children’s understanding and appreciation of the Miranda warnings are quite limited, must the traditional test for assessing the validity of an individual’s waiver of their Miranda rights be re-calibrated to take into account…
On October 17, 2017, the DOJ closed its investigation of the Pendleton Juvenile Correctional Facility, citing improvements made to the facility. The letter states, “Most broadly, the State has made system-wide efforts to minimize incarceration of youth; to move toward a rehabilitative juvenile justice model; to increase youth’s access to community-based alternatives to incarceration; and…
