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Case Name Reynolds v. Judicial Correction Services CJ-AL-0010
Docket / Court 2:15-cv-00161 ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Criminal Justice (Other)
Special Collection Criminalization of poverty
Attorney Organization Southern Poverty Law Center
Case Summary
On March 12, 2015, three residents of Clanton, Alabama, filed this lawsuit in the U.S. District Court for the Middle District of Alabama. Represented by attorneys from the Southern Poverty Law Center, the plaintiffs sued the Judicial Correction Services, Inc. ("JCS") and the city of Clanton. The ... read more >
On March 12, 2015, three residents of Clanton, Alabama, filed this lawsuit in the U.S. District Court for the Middle District of Alabama. Represented by attorneys from the Southern Poverty Law Center, the plaintiffs sued the Judicial Correction Services, Inc. ("JCS") and the city of Clanton. The plaintiffs filed their complaint pursuant to 8 U.S.C. § 1964(c) (RICO). The plaintiffs alleged that Clanton and JCS had entered into a contract where individuals who are unable to pay fines or court costs resulting from an arrest for a traffic violation or misdemeanor must enter "pay-only probation." Pay-only probation requires these individuals to make regular payments to JCS and regularly report to a JCS employee in order to avoid being arrested again. The plaintiffs claimed that this effectively created a racketeering enterprise that extorted money from impoverished individuals under threat of jail and misused the criminal justice system for profit. As such, the plaintiffs requested declaratory and injunctive relief, voiding the contract between Clanton and JCS, as well as monetary damages.

On March 30, 2015, the plaintiffs filed an amended complaint and also moved for class certification and a preliminary injunction. On April 21, 2015, both JCS and the city of Clanton moved to dismiss for failure to state a claim and lack of jurisdiction.

On June 16, 2015, the plaintiffs moved to dismiss the city of Clanton as a defendant, noting in an attached exhibit that the plaintiffs had reached a settlement agreement with Clanton. The agreement stipulated that Clanton had terminated its contract with JCS and that those with JCS pay-only probation would instead report directly to the Clanton Municipal Court. The agreement was set to last five years. On June 19, 2015, District Judge Myron H. Thompson entered judgment dismissing the city of Clanton and denying the city's motion to dismiss as moot. The plaintiffs also moved to withdraw their motion for a preliminary injunction and class certification. The case against JCS would continue, however.

This case is ongoing in the U.S. District Court.

John He - 10/19/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Defendant-type
Jurisdiction-wide
General
Access to lawyers or judicial system
Discharge & termination plans
Over/Unlawful Detention
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.
Defendant(s) City of Clanton
Judicial Correction Services, Inc.
Plaintiff Description Three residents of Clanton, Alabama who were subject to "pay-only probation" administered by Judicial Correction Services, Inc.
Indexed Lawyer Organizations Southern Poverty Law Center
Class action status sought Yes
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
None yet
Form of Settlement Private Settlement Agreement
Order Duration 2015 - 2020
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
2:15-cv-161 (M.D. Ala.) 09/15/2015
CJ-AL-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/12/2015
CJ-AL-0010-0001.pdf | Detail
Document Source: Plaintiffs' counsel
First Amended Complaint 03/30/2015
CJ-AL-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 06/19/2015 (M.D. Ala.)
CJ-AL-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Coody, Charles S. (M.D. Ala.) [Magistrate]
CJ-AL-0010-9000
Thompson, Myron Herbert (M.D. Ala., N.D. Ala.)
CJ-AL-0010-0004 | CJ-AL-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brooke, Samuel (Alabama)
CJ-AL-0010-0001 | CJ-AL-0010-0002 | CJ-AL-0010-9000
Restrepo, Valentina (Alabama)
CJ-AL-0010-0002 | CJ-AL-0010-9000
Zampierin, Sara (Alabama)
CJ-AL-0010-0002 | CJ-AL-0010-9000
Defendant's Lawyers Anderson, Lewis Conrad IV (Alabama)
CJ-AL-0010-9000
Espy, Chase T (Alabama)
CJ-AL-0010-9000
Jackson, Michael Leon (Alabama)
CJ-AL-0010-9000
Kinney, Richard Warren (Alabama)
CJ-AL-0010-9000
Logsdon, Larry Stephen (Alabama)
CJ-AL-0010-9000
Porter, James Wallace II (Alabama)
CJ-AL-0010-9000
Tankersley, Will Hill (Alabama)
CJ-AL-0010-9000
Winborn, Wesley Kyle (Alabama)
CJ-AL-0010-9000
Other Lawyers None on record

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