University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Edwards v. Red Hills Community Probation CJ-GA-0010
Docket / Court 1:15-cv-00067-LJA ( M.D. Ga. )
State/Territory Georgia
Case Type(s) Criminal Justice (Other)
Special Collection Criminalization of poverty
Attorney Organization Southern Center for Human Rights
Case Summary
On April 10, 2015, five indigent probationers brought this class action suit in the U.S. District Court for the Middle District of Georgia under 42 U.S.C. § 1983 and state law against Red Hills Community Probation, its ... read more >
On April 10, 2015, five indigent probationers brought this class action suit in the U.S. District Court for the Middle District of Georgia under 42 U.S.C. § 1983 and state law against Red Hills Community Probation, its employees, and city police officers. Red Hills is a private probation company that contracts with local Georgia governments to supervise probation cases in municipal courts.

The plaintiffs, represented by the Southern Center for Human Rights, sought declaratory and injunctive relief, class certification, and damages, claiming that the defendants operate an unconstitutional and fraudulent probation system. Specifically, the plaintiffs alleged that the defendants have a longstanding practice of detaining indigent probationers to coerce immediate payment of city court fines and probation supervision fees. Further, the plaintiffs alleged that Red Hills falsely represents to former probationers that they are required to continue to report to Red Hills personnel and continue to pay fines and fees even after the probationers' sentences are complete.

As of June 16, 2015, the case is ongoing, with the parties next to appear before the District Court (Judge Leslie J. Abrams) on July 22, 2015 for a scheduling and discovery conference.

Robert Lake - 06/16/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Courts
Discharge & termination plans
Over/Unlawful Detention
Pattern or Practice
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action State law
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) City of Bainbridge
City of Pelham
Red Hills Community Probation, LLC
Plaintiff Description Five indigent probationers, individually and on behalf of a putative class similarly situated and affected
Indexed Lawyer Organizations Southern Center for Human Rights
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
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)
1:15-cv-67 (M.D. Ga.) 05/22/2015
CJ-GA-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/10/2015
CJ-GA-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Abrams, Leslie Joyce (M.D. Ga.)
CJ-GA-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Geraghty, Sarah E. (Georgia)
CJ-GA-0010-0001 | CJ-GA-0010-9000
Primerano, Ryan (Georgia)
CJ-GA-0010-0001 | CJ-GA-0010-9000
Weber, Gerald R. (Georgia)
CJ-GA-0010-0001 | CJ-GA-0010-9000
Defendant's Lawyers Smith, J. Holder Jr. (Georgia)
CJ-GA-0010-9000
Spurlin, John C. (Georgia)
CJ-GA-0010-9000
Other Lawyers None on record

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