Brown v. Lexington County
This case alleges that Lexington County operates a modern-day debtors’ prison pursuant to a Default Payment Policy and a Trial in Abstentia Policy.
Ray et al. v. Judicial Correction Services Inc. et al.
This suit against Judicial Correction Services in Alabama alleges that people were placed on probation without adjudication of their guilt nor sentenced to serve jail time.
Missouri v. Wright
Wright pled guilty to misdemeanor offenses of stealing and resisting arrest. He was sentenced to 90 days in jail and to pay costs including a Board Bill of $1358.28. Wright …
Black Love Resists in the Rust v. City of Buffalo
This case alleges that the City of Buffalo uses vehicle checkpoints in Black and Latino communities to generate revenue.
Abstention in the Time of Ferguson
The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.
Morales v. The City of Indio
This complaint alleges that the cities of Indio and Coachella outsourced the prosecution of some municipal code violations to a private law firm, Silver and Wright LLP.
People v. Duenas
Velia Duenas, a homeless, married mother of two children, had her license suspended because she was unable to pay $1088 for three juvenile citations. She continued to drive, received three misdemeanor convictions, and spent 141 days in jail because she was unable to pay the fines.
Commonwealth v. Smetana
Appellant was held in contempt and incarcerated for failure to pay his court fines and fees without any inquiry into his ability to pay. The appellant mentioned that his sibling may be able to pay, but no further inquiry was made by the court. He was sentenced to thirty days imprisonment with credit for time served and a $200 fee to purge the contempt.
DiFrancesco v. Fox
Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.