Case: Rodriguez v. Providence Community Corrections

3:15-cv-01048 | U.S. District Court for the Middle District of Tennessee

Filed Date: Oct. 1, 2015

Closed Date: 2018

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Case Summary

On October 1, 2015, a group of indigent Rutherford County, Tennessee residents who received sanctions for failing to pay probation fees, filed a class action suit against the county and Providence Community Corrections, Inc. (PCC), a private contractor overseeing probation. The plaintiffs alleged that: 1) the arrangement between PCC and Rutherford County constituted racketeering; 2) PCC's personal financial interest in the outcome of judicial proceedings violated the plaintiffs' due process rights; 3) the contract between PCC and the county was void under Tennessee law; 4) PCC's threats to jail plaintiffs over nonpayment of debts are unduly harsh and punitive; 5) PCC's further actions of placing debts, issuing arrest warrants, and jailing individuals solely based on wealth status or nonpayment of debts was a violation of the Fourteenth Amendment; and 8) Rutherford County and PCC’s actions were a general abuse of the legal process. On the same day that plaintiffs filed their complaint, they moved the court for a Temporary Restraining Order and Preliminary Injunction. The case was assigned to Judge Kevin Sharp.

The action arose under 18 U.S.C. § 1964(c) (RICO), and 28 U.S.C. § 2201, et seq. and 42 U.S.C. § 1983 because of alleged violations of the plaintiff’s Fourth, Sixth, and Fourteenth Amendments rights. Plaintiffs sought a declaratory judgment that Defendants' conduct was unlawful, an injunction against enforcing the illegal policies on their proposed class, which consisted of “[a]ll persons who currently owe or who will incur debts to Rutherford County from fines, feed, costs, or surcharges arising from traffic and misdemeanor cases in the County Court and who have been placed on probation with PCC Inc. pursuant to the Contract between defendants Rutherford County and PCC, Inc.” The plaintiffs also requested treble damages, and attorneys’ fees.

Specifically, the complaint arose because Rutherford County had entered into a contract with the private company (PCC) to provide probation services. According to the contract, PCC had to earn its profit solely and directly from the people that it supervised by operating a “user funded” model in which probationers were ordered to pay, under threat of arrest and revocation of their probation, a variety of fees and surcharges to PCC in addition to their court costs. The county did not provide any compensation for PCC's services.

If probationers could not pay their fees in full, they would be placed on “supervised probation.” This supervision agreement required probationers to, among other things, pay additional supervision fees to PCC, obey all orders of PCC officers, and allow warrantless property searches. Any violation of these “conditions,” notwithstanding the individual's history or the nature of the offense, would result in PCC petitioning for their probation to be revoked and for the issuing of a warrant for their arrest.

The Plaintiffs had two primary civil rights contentions with this model. First, Plaintiffs alleged that PCC did not consider whether the probationer was indigent when making recommendations based on unpaid fees, and second, that the under policy, it was possible to be arrested and jailed solely for failure to pay a debt. In many cases, PCC officers did not inform eligible applicants about the available indigency waiver, or officers gave out misinformation that some fees had to be paid before an individual could apply for the indigency waiver. This led to indigent probationers failing to comply with the supervised probation conditions, which often resulted in jail time.

On October 1, 2015, Plaintiffs moved for both a Temporary Restraining Order (“TRO”) and Preliminary Injunction (“PI”) enjoining Defendants from “serving and executing any warrant sought and issued on the basis of violation of probation.” On October 13, 2015 the court converted the TRO into a PI. On October 21, 2015, Plaintiffs moved for second PI to “prevent their imminent and unlawful jailing by the defendants.”

On December 2, 2015, defendants moved for the court to dismiss the claim based on their alleged qualified immunity as probation officers.

On December 17, 2015, Judge Kevin Sharp granted the Plaintiffs' motion for a preliminary injunction. The injunction required Rutherford County through PCC to inquire into indigency whenever setting the amount of bond during supervised probation. It also mandated that an individual could not serve jail time if the only probation violation is a nonpayment of funds. The judge called the Defendants' actions towards the indigent Plaintiffs an “extraordinary” injustice.

On January 15, 2016, Defendants filed an appeal of the preliminary injunction and requested a stay of the order before a ruling on the appeal. However, on March 15, 2016, both parties filed for voluntary dismissal of the appeal because defendants terminated the contract under which PCC has supervised misdemeanor probationers in Rutherford County.

On June 9, 2016, the district court granted in part and denied in part the Defendants' motion to dismiss, filed on December 2, 2015. On June 28, 2016 the court stayed any remaining motions so that the parties could continue to mediate their case.

On July 11, 2016, Defendants appealed the parts of the motion to dismiss that were denied to the United States Court of Appeals for the Sixth Circuit. In the meantime, the parties continued to work toward a settlement agreement.

On October 5, 2017, the parties submitted a settlement agreement to the court. Part of that settlement agreement requested a settlement with a class, specifically “all persons who, at any time from October 1, 2011 to [October 5, 2017], (1) incurred court-imposed financial obligations arising from a traffic or misdemeanor case in Rutherford County General Sessions or Circuit Court; and (2) were supervised on probation in that case by Providence Community Corrections, Inc. or Rutherford County’s Probation Department. Part of that settlement agreement was approved on October 5, 2017, and allowed for the payment of $14,300,000 to the class, with attorneys’ fees coming out of that payment as well. $14,000,000 WAS to be paid by PCC while the remaining $300,000 is to be paid by Rutherford county (though PCC agreed to pay Rutherford County 350,000 to supply this amount). The court certified the class, but, due to missing information about the amount of money each member of the class had incurred as a result of their probation, denied the settlement. The court then allowed the parties to file a new settlement agreement on or before October 18, 2017.

On October 18, 2017 the parties filed a second settlement agreement with the court. This was approved on July 18, 2018 by Judge David Lawson approved the final settlement agreement. Each named plaintiff received $10,000. Class members whose probation ended prior to October 1, 2014 was to receive 125% of the amount they paid to PCC from October 1, 2011 to October 1, 2014. Class members whose probation ended after October 1, 2014 were to receive 125% of fees actually paid and an additional $50 per month for each month on probation after October 1, 2014. The agreement also called for payments to the settlement fund administrator, and for attorneys fees and costs amounting to $1,395,761.39. Any remaining funds were to be distributed on a pro rata basis to class members.

The county also agreed to the issuance of a permanent inunction that prohibited an individual from being "held in jail for nonpayment of fines, fees, costs or a pre-probation revocation money bond imposed by a court without a determination, following a meaningful inquiry into the individual's ability to pay, that the the individual has the ability to pay such that any nonpayment is willful. The meaningful inquiry into the individual's ability to pay includes, but is not limited to, notice, an opportunity to present evidence, and assistance of appointed counsel." The court retained jurisdiction for purposes of enforcement.

	Document
3:15-cv-01048	Docket [PACER] Rodriguez v. Providence Community Corrections, Inc.	Sept. 28, 2018	Sept. 28, 2018 Docket
1 3:15-cv-01048	Complaint	Oct. 1, 2015	Oct. 1, 2015 Complaint
13 3:15-cv-01048	Order	Oct. 2, 2015	Oct. 2, 2015 Order/Opinion
9 3:15-cv-01048	Memorandum [Granting Preliminary Injunction]	Oct. 2, 2015	Oct. 2, 2015 Order/Opinion 155 F.Supp.3d 758
19 3:15-cv-01048	Stipulation and Order Converting Temporary Restraining Order into a Preliminary Injunction	Oct. 13, 2015	Oct. 13, 2015 Order/Opinion
190-1 3:15-cv-01048	Settlement Agreement and Release	Sept. 18, 2017	Sept. 18, 2017 Settlement Agreement
191 3:15-cv-01048	Order Granting in Part Unopposed Motion to Approval Settlement Class and Denying Approval of Proposed Settlement Agreement	Oct. 5, 2017	Oct. 5, 2017 Order/Opinion
228 3:15-cv-01048	Order Granting Final Approval of Class Settlement and Plan of Allocation, Granting Motions for Attorney's Fees, Granting Permanent Injunction, and Dismissing Case Rodriguez v. Providence Community Corrections, Inc.	July 5, 2018	July 5, 2018 Order/Opinion
229 3:15-cv-01048	Amended Order Granting Final Approval of Class Settlement and Plan of Allocation, Granting Motions for Attorney's Fees, Granting Permanent Injunction and Dismissing Case Rodriguez v. Providence Community Corrections, Inc.	July 18, 2018	July 18, 2018 Order/Opinion
34 3:15-cv-01048 16-06129	Order Rodriguez v. Providence Community Corrections, Inc. U.S. Court of Appeals for the Sixth Circuit	Sept. 28, 2018	Sept. 28, 2018 Order/Opinion

Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...
Rutherford County, TN: Private Probation Civil Rights Corps	Civil Rights Corps recently announced a landmark settlement in a first-of-its-kind class action case in federal court against Rutherford County and PCC, Inc., a private probation company that made mi…	July 5, 2018	July 5, 2018 http://www.civilrightscorps.org/...
Rodriguez v. Providence Community Corrections Fines & Fees Justice Center	Providence Community Corrections (PCC), a private for-profit organization, was the manager of the misdemeanor probation system for Rutherford County, Tennessee. Those who could afford to pay the fees…	October 19, 2015	Oct. 19, 2015 https://finesandfeesjusticecenter.org/...
Rodriguez v. Providence Community Corrections Equal Justice Under Law	In 2015, Equal Justice Under Law went on a six-month investigation — initially led with a team of Harvard Law School Students on Spring Break — and exposed rampant corruption, racketeering, and const…	Oct. 1, 2015	Oct. 1, 2015 https://equaljusticeunderlaw.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, & Yolanda Carney against Providence Community Corrections, Inc., et al. (Filing fee $400; receipt number 0650-2069271) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Attachment Civil Cover Sheet)(af) (Entered: 10/01/2015) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Attachment Civil Cover Sheet View on RECAP	Oct. 1, 2015	Oct. 1, 2015 Clearinghouse
	Motion Hearing	Oct. 1, 2015	Oct. 1, 2015 PACER
2	MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Jacqueline Brinkley, et al. (af) (Additional attachment(s) added on 10/1/2015: # 1 Attachment Proposed TRO) (af). (Entered: 10/01/2015) 1 Attachment Proposed TRO View on PACER	Oct. 1, 2015	Oct. 1, 2015 PACER
3	MEMORANDUM in Support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jacqueline Brinkley, et al. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(af) (Entered: 10/01/2015) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP	Oct. 1, 2015	Oct. 1, 2015 RECAP
4	RULE 65 DECLARATION of Jonathan Cole filed by Jacqueline Brinkley, et al in support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (af) (Entered: 10/01/2015)	Oct. 1, 2015	Oct. 1, 2015 PACER
5	Summons issued as to all Defendants. (af) (Entered: 10/01/2015)	Oct. 1, 2015	Oct. 1, 2015 PACER
6	MOTION for attorney(s) Alec Karakatsanis to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2069446) by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Attachment Certificate of Good Standing)(Cole, Jonathan) (Entered: 10/01/2015) 1 Attachment Certificate of Good Standing View on PACER	Oct. 1, 2015	Oct. 1, 2015 PACER
7	MOTION for attorney(s) Phil Telfeyan to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2069461) by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez. (Attachments: # 1 Attachment Certificate of Good Standing)(Cole, Jonathan) (Entered: 10/01/2015) 1 Attachment Certificate of Good Standing View on PACER	Oct. 1, 2015	Oct. 1, 2015 PACER
	Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 10/1/2015 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jacqueline Brinkley. Hearing continued to October 2, 2015, at 3:00 p.m. (Court Reporter Wynette Blathers.) (ab)	Oct. 1, 2015	Oct. 1, 2015 PACER
8	NOTICE of Appearance by Josh A. McCreary on behalf of Rutherford County, Tennessee (McCreary, Josh) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 PACER
9	SUPPLEMENT filed by Jacqueline Brinkley, Yolanda Carney, Steven Gibbs, Curtis Johnston, Paula Pullum, Fred Robinson, Cindy Rodriguez re 2 Motion for TRO, Motion for Preliminary Injunction, 3 Memorandum in Support,. (Cole, Jonathan) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 Clearinghouse
10	RESPONSE to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Memorandum of Law filed by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 PACER
11	ORDER granting 6 Motion for Alec Karakatsanis to Appear Pro Hac Vice. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (af) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 PACER
12	ORDER granting 7 Motion for Phil Telfeyan to Appear Pro Hac Vice. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (af) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 PACER
13	ORDER granting 2 Motion for TRO. Signed by Chief Judge Kevin H. Sharp on 10/2/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)	Oct. 2, 2015	Oct. 2, 2015 Clearinghouse
14	ORDER: This Court has scheduled a hearing on Plaintiffs' request for a preliminary injunction for 3:00 PM on Friday, October 16, 2015. The following briefing deadlines shall apply: Defendants shall be permitted to file a response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Docket No. 2 ) on or before 12:00 PM on Tuesday, October 13, 2015. Defendants' response brief shall not exceed twenty (20) pages. Plaintiffs shall be permitted to file a reply brief on or before 12:00 PM on Thursday, October 15, 2015. Plaintiffs' reply brief shall not exceed five (5) pages. By close of business on October 13, 2015, the parties shall exchange witness and exhibit lists. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 10/5/2015. (hb) (Entered: 10/05/2015)	Oct. 5, 2015	Oct. 5, 2015 RECAP
15	NOTICE of Appearance by Lisa S. Rivera on behalf of Providence Community Corrections, Inc. (Rivera, Lisa) (Entered: 10/06/2015)	Oct. 6, 2015	Oct. 6, 2015 PACER
16	NOTICE of Appearance by Kathryn Hannen Walker on behalf of Providence Community Corrections, Inc. (Walker, Kathryn) (Entered: 10/07/2015)	Oct. 7, 2015	Oct. 7, 2015 PACER
17	NOTICE of Appearance by Lisa S. Rivera on behalf of Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee (Rivera, Lisa) (Entered: 10/08/2015)	Oct. 8, 2015	Oct. 8, 2015 PACER
	BAR STATUS for Attorneys, Lisa S. Rivera and Kathryn Hannen Walker of TN, verified as active on this date. (afs)	Oct. 9, 2015	Oct. 9, 2015 PACER
	Docket Annotation	Oct. 9, 2015	Oct. 9, 2015 PACER
18	MOTION for Entry of Stipulated Preliminary Injunction by Providence Community Corrections, Inc.. (Attachments: # 1 Exhibit 1 - Proposed Stipulation and Order)(Rivera, Lisa) (Entered: 10/09/2015) 1 Exhibit 1 - Proposed Stipulation and Order View on PACER	Oct. 9, 2015	Oct. 9, 2015 PACER
	BAR STATUS for Attorney, Josh McCreary of TN, verified as active on this date. (afs)	Oct. 13, 2015	Oct. 13, 2015 PACER
	Docket Annotation	Oct. 13, 2015	Oct. 13, 2015 PACER
19	STIPULATION AND ORDER CONVERTING TEMPORAY RESTRAINING ORDER INTO A PRELIMINARY INJUNCTION. Signed by Chief Judge Kevin H. Sharp on 10/13/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/13/2015)	Oct. 13, 2015	Oct. 13, 2015 Clearinghouse
20	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Providence Community Corrections, Inc. served on 10/1/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
21	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Yolanda Carney. Rutherford County, Tennessee served on 10/1/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
22	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
23	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Amanda Schexnayder served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
24	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Amanda Roberts served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
25	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kelly Haley served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
26	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kelly McCall served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
27	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Jasmine Jackson served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
28	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Kayla Banks served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
29	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Briana Woodlee served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
30	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Tiara Smith served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
31	SUMMONS returned executed by Jacqueline Brinkley, Fred Robinson, Cindy Rodriguez, Paula Pullum, Curtis Johnston, Steven Gibbs, Yolanda Carney. Nisha Hyde served on 10/2/2015. (Cole, Jonathan) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
32	MOTION for Extension of Time to File Answer or Responsive Pleading by Rutherford County, Tennessee. (McCreary, Josh) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015 PACER
33	MEMORANDUM in Support of 32 MOTION for Extension of Time to File Answer or Responsive Pleading filed by Rutherford County, Tennessee . (McCreary, Josh) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015 PACER
34	MOTION for Extension of Time to File Answer - Defendants' Unopposed Motion for an Extension of Time to Respond to the Complaint by Kayla Banks, Kelly Haley, Nisha Hyde, Jasmine Jackson, Kelly McCall, Providence Community Corrections, Inc., Amanda Roberts, Amanda Schexnayder, Tiara Smith, Briana Woodlee. (Rivera, Lisa) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015 Clearinghouse

Case: Rodriguez v. Providence Community Corrections

3:15-cv-01048 | U.S. District Court for the Middle District of Tennessee

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