Filed Date: March 15, 2024
Case Ongoing
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This is a case about the rights of incarcerated people to have family visitors under the Michigan Constitution.
On March 15, 2024, a group of individuals with family members currently or formerly incarcerated in the St. Clair County jail filed a putative class action lawsuit in the 31st Circuit Court for St. Clair County, Michigan, challenging the blanket ban on in-person family visitation. Plaintiffs sued the St. Clair County Sheriff; Securus Technologies, a private prison telecommunications company; Platinum Equity LLC, the private equity firm that now owns Securus; as well as individual executives at these companies, alleging that the defendants colluded to increase profits from the video- and phone-calling systems used by the jail. Under the scheme, plaintiffs claimed, the St. Clair County sheriff agreed to ban in-person visitation—forcing incarcerated individuals and their families to pay for phone or video calls if they wanted to communicate—in exchange for a cut of Securus’s revenue. Plaintiffs alleged that the in-person ban on family visitation psychologically harmed the children of incarcerated individuals and impeded their ability to strengthen familial relationships. They claimed that the practice violated the Michigan Constitution’s right to family integrity, found in the Due Process Clause and Equal Protection Clause, as well as the right to family association, found in Article 1, §§ 3 and 23. They argued that the private defendants conspired with the county to violate these constitutional rights.
The putative class would consist of “all individuals with a parent or child detained at the St. Clair County Jail at any point since March 15, 2021.” Plaintiffs sought preliminary and permanent injunctive relief prohibiting the St. Clair County sheriff from continuing to implement a blanket ban on in-person visitation, and enjoining Securus from continuing to conspire with the county to enforce such a ban. They also sought compensatory and exemplary damages; equitable monetary relief in the form of disgorged profits; and attorneys’ fees and costs. The plaintiffs were represented by Civil Rights Corp, Public Justice, and private counsel. The same attorneys filed a suit in Genesee County, Michigan the same day, alleging nearly identical conduct between county officials there and a different telecommunications company, Global Tel*Link. See S.L. v. Swanson.
This case was assigned to Judge Michael West. On April 22, 2024, the defendants moved for summary disposition of the case. Later that year, on June 22, news reports indicated that the Genesee County Jail was changing its policy to allow in-person visits, as well as less expensive telephone calls and video visits, based on the similar lawsuit in that county.
However, on July 19, 2024, the court dismissed this case, ruling that the St. Clair County jail's visitation policies were constitutional because the Michigan Constitution does not protect any "liberty interest or family integrity right to association in a penal institution" and because the visitation policies were justified by the county's penological interests.
The plaintiffs appealed the order on September 4, 2024, to the Michigan Court of Appeals (docket number 372342). As of September 23, 2024, the appeal was ongoing.
Summary Authors
Grayson Metzger (4/5/2024)
Micah Pollens-Dempsey (9/28/2024)
State / Territory: Michigan
Case Type(s):
Key Dates
Filing Date: March 15, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A putative class of individuals "with a parent or child detained at the St. Clair County Jail [in Michigan] at any point since March 15, 2021"
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
St. Clair County (St. Clair), County
Securus Technologies (- United States (national) -), Private Entity/Person
Platinum Equity LLC (- United States (national) -), Private Entity/Person
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues