Filed Date: April 10, 2015
Case Ongoing
Clearinghouse coding complete
On April 10, 2015, five indigent probationers brought this class action lawsuit 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 had 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 represented to former probationers that they were required to continue to report to Red Hills personnel and continue to pay fines and fees even after the probationers' sentences were complete.
On September 17, 2015, the plaintiffs filed a motion for consent order, indicating they had reached an agreement with the defendants resolving all of their claims. On February 1, 2016, Judge Leslie J. Abrams issued the consent order. According to the consent order, the defendants were to ensure that (1) probation officers would not attempt to arrest probationers for failure to pay fines or fees without a good-faith and objective belief that the probationer had the ability to pay; (2) probation officers were to instruct probationer to request that his or her friends or family pay the probationer’s fines or fees; and (3) probation officers, the Court, and all City employees follow all laws regarding the treatment of probationers. The consent order also mandated training for the probation officers and that all probationers be advised of their rights. The consent order was to remain in place for four years.
On March 1, 2016, the parties filed stipulation of dismissal. The case is now closed, though the court retained jurisdiction to enforce the consent order. As of April, 2020, there has been no further action in the docket.
Summary Authors
Robert Lake (6/16/2015)
Virginia Weeks (2/18/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14429679/parties/edwards/
Gardner, Leslie Abrams (Georgia)
Geraghty, Sarah E. (Georgia)
Primerano, Ryan (Georgia)
Hyde, W. Brent (Georgia)
Rollins, Raleigh W. (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/14429679/edwards/
Last updated Dec. 17, 2024, 9:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Special Collection(s):
Fines/Fees/Bail Reform (Criminalization of Poverty)
Key Dates
Filing Date: April 10, 2015
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Five indigent probationers, individually and on behalf of a putative class similarly situated and affected
Plaintiff Type(s):
Attorney Organizations:
Southern Center for Human Rights (SCHR)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Red Hills Community Probation, LLC, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Order Duration: 2016 - 2020
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions: