University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ayo v. Dunn CJ-LA-0009
Docket / Court 3:17-cv-00526-SDD-EWD ( M.D. La. )
State/Territory Louisiana
Case Type(s) Criminal Justice (Other)
Attorney Organization ACLU Chapters (any)
Southern Poverty Law Center
Case Summary
On August 7, 2017, two residents of East Baton Rouge Parish filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued East Baton Rouge Parish and Rehabilitation Home Incarceration (RHI) under 42 U.S.C. § 1983, 18 U.S.C. § 1964(c), the ... read more >
On August 7, 2017, two residents of East Baton Rouge Parish filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued East Baton Rouge Parish and Rehabilitation Home Incarceration (RHI) under 42 U.S.C. § 1983, 18 U.S.C. § 1964(c), the Federal Racketeering Influenced and Corrupt Organization Act (RICO), and state law. The case was assigned to Judge Shelly D. Dick. The plaintiffs, represented by the ACLU and the Southern Poverty Law Center, sought monetary relief and attorneys’ fees and costs. The plaintiffs claimed that the defendants had violated federal and state anti-racketeering law, their Fourteenth Amendment Due Process and Equal Protection rights, and their Fourth Amendment right to be free from unreasonable searches and seizures.

According to the plaintiffs, RHI purported to provide pretrial supervision services and profited off individuals in East Baton Rouge Parish by requiring them to pay hundreds of dollars to RHI to be released from jail—effectively holding them for ransom. People awaiting trial before a criminal court were coerced into paying hundreds of dollars to companies before and after they were released from jail – even after paying bail. The complaint alleged that RHI turned pre-trial release into a for-profit concern that fueled wealth-based incarceration, harming low-income people who had not been convicted of a crime.

On August 8, 2017, the plaintiffs filed an amended complaint adding the Sheriff of East Baton Rouge as a defendant. A few days later the plaintiffs filed a notice voluntarily dismissing East Baton Rouge Parish as a defendant. On September 27, 2017, the court approved the dismissal.

On October 27, 2017, the Sheriff of East Baton Rouge Parish filed a motion to dismiss all claims against him for failure to state a claim, arguing that even if the plaintiffs’ constitutional rights were violated, the alleged policy of the sheriff was not the “moving force” behind the alleged violations. In February 2018, RHI and its executive director also filed a motion to dismiss with similar arguments.

On June 5, 2018, Judge Dick granted the Sheriff’s motion to dismiss, finding that there was no plausible basis to support the conclusory allegations that the Sheriff was “in agreement” or part of a “scheme” with RHI. 2018 WL 2708752. The court has not yet ruled on RHI’s motion to dismiss. The case is ongoing.

Jake Parker - 06/12/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
Excessive bail/fines
Unreasonable search and seizure
Defendant-type
Corrections
Jurisdiction-wide
General
Access to lawyers or judicial system
Bail/Bond
Fines/Fees/Bail/Bond
Funding
Over/Unlawful Detention
Placement in detention facilities
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.
State law
Defendant(s) East Baton Rouge Parish
Rehabilitation Home Incarceration
Plaintiff Description Two residents seeking a class action individuals in East Baton Rouge Parish who became wrapped in a cycle of fees and debt through Rehabilitation Home Incarceration's "pre-trial supervision" services.
Indexed Lawyer Organizations ACLU Chapters (any)
Southern Poverty Law Center
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
3:17-cv-526 (M.D. La.)
CJ-LA-0009-9000.pdf | Detail
Date: 06/07/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-LA-0009-0001.pdf | Detail
Date: 08/07/2017
Source: PACER [Public Access to Court Electronic Records]
Last Amended Complaint [ECF# 2]
CJ-LA-0009-0002.pdf | Detail
Date: 08/08/2017
Source: PACER [Public Access to Court Electronic Records]
Ruling [ECF# 61] (2018 WL 2708752) (M.D. La.)
CJ-LA-0009-0003.pdf | WESTLAW | Detail
Date: 06/05/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Dick, Shelly Deckert (M.D. La.)
CJ-LA-0009-0003 | CJ-LA-0009-9000
Wilder-Doomes, Erin Court not on record [Magistrate]
CJ-LA-0009-9000
Plaintiff's Lawyers Buskey, Brandon (New York)
CJ-LA-0009-0001 | CJ-LA-0009-0002 | CJ-LA-0009-9000
Early, Emily (Georgia)
CJ-LA-0009-0001 | CJ-LA-0009-0002 | CJ-LA-0009-9000
Hamilton, Bruce Warfield (Louisiana)
CJ-LA-0009-0001 | CJ-LA-0009-0002 | CJ-LA-0009-9000
Wang, Ivy (Louisiana)
CJ-LA-0009-0001 | CJ-LA-0009-0002 | CJ-LA-0009-9000
Zampierin, Sara (Alabama)
CJ-LA-0009-0001 | CJ-LA-0009-0002 | CJ-LA-0009-9000
Defendant's Lawyers Adebamiji, Dele Akintade (Louisiana)
CJ-LA-0009-9000
Johnston, Tara Lynn (Louisiana)
CJ-LA-0009-9000
Lamothe, Alexandra Marie (Louisiana)
CJ-LA-0009-9000

- click to show/hide ALL -

new search
page permalink

- top of page -