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Civil Rights Litigation Clearinghouse
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Case Name S.W. v. Williams JI-OH-0011
Docket / Court 1:14-cv-896 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Juvenile Institution
Special Collection Prison Legal News
Case Summary
On November 23, 2014, two African-American teenage males filed a lawsuit in the United States District Court for the Southern District of Ohio under 42 U.S.C. §1983 against the Hamilton County Juvenile Detention Center and Hamilton County, Ohio. The plaintiffs, represented by public interest ... read more >
On November 23, 2014, two African-American teenage males filed a lawsuit in the United States District Court for the Southern District of Ohio under 42 U.S.C. §1983 against the Hamilton County Juvenile Detention Center and Hamilton County, Ohio. The plaintiffs, represented by public interest counsel, asked the court for preliminary and permanent injunctive relief. They requested that the Court enjoin the Juvenile Court from arresting and detaining youth without conducting a probable cause hearing. The plaintiffs claim that the detention of youth after 48 hours without providing a probable cause hearing violates their right to due process under the 14th Amendment.

The first plaintiff was arrested at school on September 12, 2014, on a charge of aggravated robbery. Based on the victim's description, a warrant was issued, and the plaintiff was taken into custody at the Hamilton County Detention Center. He was in isolation for two days. The Juvenile Court did not make a probable cause determination prior to issuing a warrant for the first plaintiff, nor within 48 hours of detention. The case was continued on October 6, 2014, for a probable cause hearing, which never happened. S.W had a trial on October 10, 2014, where the case was dismissed on the merits. Although S.W. was released, he never received a probable cause hearing at arrest or during his detention.

The second plaintiff was arrested outside his home on July 8, 2014, by Cincinnati police officers, who did not present an arrest warrant. He was taken to the local police station, interrogated for alleged involvement in a robbery, and taken to the Hamilton County Detention Center on July 9, 2014. He remained incarcerated at the Detention Center from July 8 to July 23, during which time no probable cause determinations in his case occurred.

The case is currently ongoing.

Stevin George - 03/12/2015
- 02/11/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Discrimination-basis
Race discrimination
General
Access to lawyers or judicial system
Conditions of confinement
Over/Unlawful Detention
Racial profiling
Language
Other
Plaintiff Type
City/County Plaintiff
Race
Black
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1981
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Hamilton County Board of County Commissioners
Plaintiff Description Plaintiffs are two African-American teenage males who allege arrest and incarceration at a juvenile detention center without ever receiving a probable cause hearing or determination.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
1:14−cv−00896−SJD (S.D. Ohio) 01/26/2015
JI-OH-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief 11/23/2014
JI-OH-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Dlott, Susan J. (S.D. Ohio)
JI-OH-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Howard, Riskell Lashea (Ohio)
JI-OH-0011-0001 | JI-OH-0011-9000
Kinsley, Jennifer M. (Ohio)
JI-OH-0011-0001 | JI-OH-0011-9000
Tandy, Kimberly Brooks (Kentucky)
JI-OH-0011-9000
Defendant's Lawyers Friedmann, Michael J. (Ohio)
JI-OH-0011-9000
Stevenson, David T. (Ohio)
JI-OH-0011-9000
Other Lawyers None on record

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