Case: S.L. v. Swanson

2024-120601CZ | Michigan state trial court

Filed Date: March 15, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 15, 2024, a group of individuals with family members currently or formerly incarcerated in the Genesee County Jail filed a putative class action lawsuit in the 7th Circuit Court for Genesee County, Michigan challenging the blanket ban on in-person family visitation. Plaintiffs sued the Genesee County Sheriff; Global Tel*Link (“GTL”), a private prison telecommunications company; and the CEO of GTL, alleging that these defendants colluded to increase profits from the video- and phone-cal…

On March 15, 2024, a group of individuals with family members currently or formerly incarcerated in the Genesee County Jail filed a putative class action lawsuit in the 7th Circuit Court for Genesee County, Michigan challenging the blanket ban on in-person family visitation. Plaintiffs sued the Genesee County Sheriff; Global Tel*Link (“GTL”), a private prison telecommunications company; and the CEO of GTL, alleging that these defendants colluded to increase profits from the video- and phone-calling systems used by the jail. Plaintiffs alleged that the Genesee County sheriff first banned in-person family visitation under a contract with Securus Technologies, forcing incarcerated individuals and their families to pay a premium or phone or video calls if they wanted to communicate. Seeking an even higher cut of the profits, the sheriff negotiated with GTL—Securus’s biggest competitor—to receive a greater monthly commission for incentivizing use of the electronic messaging services in the jail. 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. Further, they claimed 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 Genesee County Jail at any point since March 15, 2021.”  Plaintiffs sought preliminary and permanent injunctive relief prohibiting the Genesee County Sheriff from continuing to implement a blanket ban on in-person visitation, and enjoining GTL 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 lawsuit in St. Clair County, Michigan the same day, alleging nearly identical conduct between county officials there and Securus Technologies. See M.M. v. King

This case was assigned to Judge Celeste Bell. On May 14, 2024, the defendants moved to dismiss the case and 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 this lawsuit.

As of September 28, 2024, the court had held hearings on the pending motions but had yet to rule.

 

Summary Authors

Grayson Metzger (4/8/2024)

Micah Pollens-Dempsey (9/28/2024)

Documents in the Clearinghouse

Document

2024-120601CZ

Docket

March 15, 2024

March 15, 2024

Docket

2024-120601CZ

Class Action Complaint and Demand for Jury Trial

March 15, 2024

March 15, 2024

Complaint

Resources

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Jail Conditions

Key Dates

Filing Date: March 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of "all individuals with a parent or child detained at the Genesee County Jail [in Michigan] at any point since March 15, 2021"

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Genesee County (Genesee), County

Global Tel*Link (- United States (national) -), Private Entity/Person

Defendant Type(s):

Retailer

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues