The U.S. Department of Justice filed a statement of interest in a civil lawsuit addressing the constitutional rights of youth who had been adjudicated delinquent and transferred to the Louisiana State Penitentiary’s former death row building, known as Angola. In their statement, the United States asserted that youth are particularly vulnerable to harmful conditions of…
From the Introduction: “The U.S. Departments of Education and Justice (Departments) share with educators around the country the goal that all students attend schools where they are supported, safe, and able to access an excellent education. A school environment that is free from discrimination is essential to meeting that goal. Decades of enforcement activity by…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
On December 14, 2016, the U.S. Department of Justice entered into a settlement agreement with the St. Louis County Family Court to remedy constitutional violations. The settlement agreement covers policies and practices to ensure the due process and equal protection rights of all youth are upheld. This includes early appointment of youth defense counsel, prohibition…
On November 28, 2016, the DOJ filed a Statement of Interest in response to a lawsuit filed in South Carolina, challenging two state statutes as void for vagueness in violation of the Due Process Clause. The lawsuit alleged that the vague language in the statute resulted in the criminalization of common youthful behavior, racial disparities,…
On October 2, 2015 the DOJ filed a Statement of Interest in a federal lawsuit on behalf of two students who were seized and handcuffed by a school resource officer (SRO), alleging violations under the Fourth and Fourteenth Amendments and Title II of the Americans with Disabilities Act (ADA). The DOJ asserted that the Sheriff’s…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the city of Meridian to address the practice of arresting students in schools. The settlement agreement includes provisions that limit school-based arrests, including “for behavior that is appropriately addressed as a school discipline issue, including incidents involving public order offenses…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the state of Mississippi about their probation and diversion practices. The settlement agreement includes provisions on protecting a youth’s right against self-incrimination, requiring probation orders to be written in simple terms to prevent arbitrary and discriminatory enforcement, and ensuring the…
On July 31, 2015, the U.S. Department of Justice released its investigation findings into the St. Louis County Family Court, finding due process and equal protection violations. The findings include right to counsel violations by denying constitutionally adequate defense representation, privilege against self-incrimination violations by requiring a child to admit to allegations for diversion, inadequate…
A proposed settlement agreement between the United States and Lauderdale County in the State of Mississippi after an investigation of the substantive and procedural due process rights of youth who appear in Lauderdale County Youth Court. The Settle Agreement proposes several remedial measures the named parties must take including creating a probation process that complies…
On March 31, 2011, Leflore County, Mississippi entered into a Memorandum of Agreement (MOA) with the United States to address the DOJ’s investigation findings into the Leflore County Juvenile Detention Center (LCJDC). The MOA outlines that LCJDC must provide young people with reasonably safe conditions of confinement, protect youth from harm, limit the use of…
On March 13, 2015, the U.S. Department of Justice filed a Statement of Interest in a lawsuit challenging the deprivation of children’s right to meaningful representation in the Cordele Judicial Circuit of Georgia. In upholding the constitutional necessity of youth defense specialization, the DOJ asserted, “The right to counsel means more than just a lawyer…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal lawsuit challenging deprivations of the right to counsel on misdemeanor cases in two cities in Washington. In calling for an independent monitor, the DOJ asserted, “First, a public defender must have the authority to decline appointments over the…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit on the constructive denial of counsel in criminal proceedings within five counties in New York. The DOJ asserted, “The provision of defense services is a multifaceted and complicated task. To guide the defense function, the…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
On October 24, 2012, the U.S. Department of Justice filed a complaint in the United States District Court, Southern District of Mississippi asserting that the City of Meridian, County of Lauderdale, and State of Mississippi are engaging in a “pattern or practice of unlawful conduct through which they routinely and systematically arrest and incarcerate children,…
On August 10, 2012, the U.S. Department of Justice released a findings report regarding their investigation of Lauderdale County Youth Court, Meridian Police Department, and Mississippi Division of Youth Services. The findings included the following violations: “(1) The City of Meridian Violates the Fourth Amendment by Arresting Children Without Assessing Probable Cause; (2) Lauderdale County…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
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