
Brown v. Lexington County, et al
What's at Stake
In the latest front in the nationwide fight against criminalization of poverty and, specifically, debtors’ prisons, on June 1, 2017, the ACLU’s Racial Justice Program, the ACLU of South Carolina, and Terrell Marshall Law Group PLLC filed a federal lawsuit challenging the illegal arrest and incarceration of indigent people in Lexington County, South Carolina, for failure to pay fines and fess, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice can avoid jail only if they pay the entire amount of outstanding court fines and fees up front and in full. Indigent people who are unable to pay are incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result is one of the most draconian debtors’ prisons uncovered by the ACLU since 2010.
Summary
In Lexington County, hundreds, if not more than a thousand, impoverished people each year are locked up simply because they cannot afford to pay fines in traffic and misdemeanor cases in the County’s magistrate courts. Though poverty has increased in Lexington County since 2012—with poverty rates for Black and Latino residents at more than double the rate for white residents–the County continues to rely on revenue from fines and fees in magistrate court cases. The system now issues more than a thousand warrants each year to order the arrest and immediate incarceration of people who owe court fines and fees unless they pay the full amount of their debts before being booked in jail.
The result is a two-tiered system of justice. People who can afford to pay buy their freedom, while poor people are locked away in the Lexington County Detention Center, causing their families to suffer, their jobs to disappear, and their chances of escaping poverty to become even more remote. These debtors’ prison practices trap poor people, particularly people of color, in a complicated and expensive criminal justice maze with too many ways in and no realistic ways out.
Plaintiffs Twanda Marshinda Brown and Cayeshia Johnson are victims of this unlawful system.
Brown had made five regular payments toward traffic fines and fees to the Irmo Magistrate Court when she fell behind. Sheriff’s deputies came to her home on a Saturday morning and arrested her in front of her children on a warrant charging her with nonpayment of court fines and fees. Brown was incarcerated for 57 days because she could not afford to pay the entire $1,907.63 that she owed. At no point was Brown provided a court hearing on her ability to pay, informed of her right to request counsel, or appointed counsel to help defend against incarceration. In jail, Ms. Brown was separated her from her children, including her 13-year-old son, and lost her job.
Johnson was arrested at a traffic stop and jailed for 55 days because she couldn’t pay $1,287.50 in fines and fees stemming from a minor car accident roughly six months earlier. Despite her efforts to get a court date that she could attend and a payment plan, the court found her guilty and sentenced her without her even being present in court. She didn’t know there was a warrant for her arrest until the officer who arrested her told her so. Ms. Johnson had three part-time jobs to support her four young children, and she lost all three jobs while behind bars.
The U.S. Supreme Court ruled more than 30 years ago that locking people up merely because they cannot afford to pay court fines is contrary to American values of fairness and equality embedded in the 14th Amendment to the U.S. Constitution. The court made clear that judges cannot jail someone for failure to pay without first considering their ability to pay, efforts to acquire money, and alternatives to incarceration.
The complaint, Brown v. Lexington County, was filed in the U.S. District Court for the District of South Carolina. It cites violations of the U.S. Constitution’s Fourth, Sixth, and 14th Amendments. The ACLU of South Carolina and Terrell Marshall Law Group PLLC are co-counsel.
On November 9, 2017, media reported that thousands of arrest warrants against people alleged to have not paid fines or appeared in court for low-level offenses in South Carolina were recalled in response to a training by Chief Justice Donald Beatty on the right of indigent defendants to counsel before incarceration. In Brown v. Lexington County, the ACLU challenges the unlawful use of these “bench warrants” to arrest and jail poor people who cannot afford to pay money to courts in violation of rights to due process, equal protection of the law, counsel, and freedom from unreasonable searches and seizures.
Voluntary recall of warrants by some judges across the state is an important step in the right direction. But more needs to be done. All outstanding bench warrants in South Carolina that direct the arrest and jailing of people unless they can pay money to courts should be recalled until it is ensured that these warrants are issued only after a court hearing and finding that the person is able to pay and, if indigent, was afforded court-appointed representation.
Update: In May 2022, Plaintiffs filed their Motion for Summary Judgment (MSJ). The summary judgment briefing process began with Plaintiffs’ MSJ filed on April 11, 2022; continued with a Memorandum in Opposition to Defendants’ MSJ filed on May 9, 2022; and concluded with a Reply in Support of Plaintiffs’ MSJ filed on May 23, 2022. Plaintiffs are awaiting an Opinion and Order on Cross Motions for Summary Judgment by the Honorable Margaret B. Seymour of the United States District Court for South Carolina.
Legal Documents
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06/01/2017
Complaint -
06/02/2017
Plaintiffs' Motion for Class Certification -
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06/01/2017
Plaintiff's Motion in Support of Class Certification -
06/01/2017
Plaintiff's Memorandum in Support of Class Certification -
06/01/2017
Choudhury Declaration in Support of Class Certification -
06/01/2017
Dunn Declaration in Support of Class Certification -
06/01/2017
Marshall Declaration in Support of Class Certification
Brown v. Lexington County, et alLegal DocumentsPlaintiff's Motion in Support of Class CertificationDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsPlaintiff's Memorandum in Support of Class CertificationDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsChoudhury Declaration in Support of Class CertificationDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsDunn Declaration in Support of Class CertificationDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsMarshall Declaration in Support of Class CertificationDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
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06/01/2017
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06/01/2017
Nusser Declaration in Support of Class Certification -
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06/01/2017
Exhibit A -
06/01/2017
Exhibit B
Brown v. Lexington County, et alLegal DocumentsExhibit ADownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit BDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
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06/01/2017
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06/01/2017
Papachristou Declaration in Support of Class Certification -
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06/01/2017
Exhibit A -
06/01/2017
Exhibit B -
06/01/2017
Exhibit C -
06/01/2017
Exhibit D -
06/01/2017
Exhibit E -
06/01/2017
Exhibit F -
06/01/2017
Exhibit G -
06/01/2017
Exhibit H -
06/01/2017
Exhibit I -
06/01/2017
Exhibit J -
06/01/2017
Exhibit K -
06/01/2017
Exhibit L
Brown v. Lexington County, et alLegal DocumentsExhibit ADownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit BDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit CDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit DDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit EDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit FDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit GDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit HDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit IDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit JDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit KDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit LDownload DocumentDate Filed: 06/01/2017
Court: District Court (D.S.C.)
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06/01/2017
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07/21/2017
Class Action Amended Complaint -
07/21/2017
Plaintiffs' Amended Motion for Class Certification -
07/21/2017
Memo in Support of Amended Motion for Class certification -
07/21/2017
Choudhury Declaration in Support Amended Motion for Class Certification -
09/20/2017
Dunn Declaration in Support Amended Motion for Class Certification -
09/20/2017
Marshall Declaration in Support Amended Motion for Class Certification -
09/20/2017
Nusser Declaration in Support Amended Motion for Class Certification -
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07/21/2017
Exhibit A -
07/21/2017
Exhibit B
Brown v. Lexington County, et alLegal DocumentsExhibit ADownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit BDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
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07/21/2017
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07/21/2017
Papachristou Declaration in Support Amended Motion for Class Certification -
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07/21/2017
Exhibit A -
07/21/2017
Exhibit B -
07/21/2017
Exhibit C -
07/21/2017
Exhibit D -
07/21/2017
Exhibit E -
07/21/2017
Exhibit F -
07/21/2017
Exhibit G -
07/21/2017
Exhibit H -
07/21/2017
Exhibit I -
07/21/2017
Exhibit J -
07/21/2017
Exhibit K -
07/21/2017
Exhibit L
Brown v. Lexington County, et alLegal DocumentsExhibit ADownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit BDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit CDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit DDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit EDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit FDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit GDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit HDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit IDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit JDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit KDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsExhibit LDownload DocumentDate Filed: 07/21/2017
Court: District Court (D.S.C.)
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07/21/2017
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08/23/2017
Joint Responses Pursuant to Local Rule 26.03 and FRCP 26(f) -
09/20/2017
Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion for Partial Summary Judgment -
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09/20/2017
Declaration of Xavier Goodwin -
09/20/2017
Declaration of Raymond Wright Jr.
Brown v. Lexington County, et alLegal DocumentsDeclaration of Xavier GoodwinDownload DocumentDate Filed: 09/20/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsDeclaration of Raymond Wright Jr.Download DocumentDate Filed: 09/20/2017
Court: District Court (D.S.C.)
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09/20/2017
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09/20/2017
Plaintiffs' Reply Memorandum in Support of Plaintiffs' Amended Motion for Class Certification -
10/13/2017
Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Supplemental Motion for Summary Judgment -
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10/13/2017
Nusser Declaration -
10/13/2017
Marshall Declaration
Brown v. Lexington County, et alLegal DocumentsNusser DeclarationDownload DocumentDate Filed: 10/13/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsMarshall DeclarationDownload DocumentDate Filed: 10/13/2017
Court: District Court (D.S.C.)
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10/13/2017
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10/19/2017
Class Action Second Amended Complaint -
11/13/2017
Plaintiffs' Response to Defendants' Motion to Stay Defendants' Supplemental Motion for Summary Judgment -
11/29/2017
Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on Damages Claims -
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11/29/2017
Brown Declaration -
11/29/2017
Darby Declaration -
11/29/2017
Palacios Declaration -
11/29/2017
Corder Declaration -
11/29/2017
Goodwin Declaration -
11/29/2017
Ryan Affidavit -
11/29/2017
Choudhury Declaration
Brown v. Lexington County, et alLegal DocumentsBrown DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsDarby DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsPalacios DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsCorder DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsGoodwin DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsRyan AffidavitDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
Brown v. Lexington County, et alLegal DocumentsChoudhury DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
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11/29/2017
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11/29/2017
Plaintiffs' Opposition to Defendants' Motion to Stay Discovery -
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11/29/2017
Nusser Declaration
Brown v. Lexington County, et alLegal DocumentsNusser DeclarationDownload DocumentDate Filed: 11/29/2017
Court: District Court (D.S.C.)
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11/29/2017
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02/05/2018
Magistrate Judge Hodge's Report and Recommendation -
03/02/2018
Defendant Lexington County's Objections to Report and Recommendation -
03/02/2018
Plaintiffs' Objections to Report and Recommendation -
03/22/2018
Plaintiffs' Response to Defendant's Objections -
03/23/2018
Defendants' Reply to Plaintiffs' Objections -
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03/23/2018
Exhibit 1
Brown v. Lexington County, et alLegal DocumentsExhibit 1Download DocumentDate Filed: 03/23/2018
Court: District Court (D.S.C.)
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03/23/2018
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03/29/2018
Order Denying Defendants' Motions for Summary Judgment and Plaintiffs' Motion for Class Certification -
04/17/2018
Plaintiffs' Second Amended Motion for Class Certification -
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04/17/2018
Memo in Support of Plaintiffs' Second Amended Motion for Class Certification
Brown v. Lexington County, et alLegal DocumentsMemo in Support of Plaintiffs' Second Amended Motion for Class CertificationDownload DocumentDate Filed: 04/17/2018
Court: District Court (D.S.C.)
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04/17/2018
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04/24/2018
Defendants' Motion for Reconsideration -
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04/24/2018
Memo in Support of Defendants' Motion for Reconsideration
Brown v. Lexington County, et alLegal DocumentsMemo in Support of Defendants' Motion for ReconsiderationDownload DocumentDate Filed: 04/24/2018
Court: District Court (D.S.C.)
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04/24/2018
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04/26/2018
Defendant Lexington County's Supplemental Motion for Reconsideration -
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04/26/2018
Memo in Support of Defendant Lexington County's Supplemental Motion for Reconsideration
Brown v. Lexington County, et alLegal DocumentsMemo in Support of Defendant Lexington County's Supplemental Motion for ReconsiderationDownload DocumentDate Filed: 04/26/2018
Court: District Court (D.S.C.)
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04/26/2018
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04/26/2018
Defendants' Memo in Opposition to Plaintiffs' Second Amended Motion for Class Certification -
05/03/2018
Plaintiffs' Memo in Opposition to Defendants' Motion for Reconsideration and Defendants' Supplemental Motion for Reconsideration -
05/03/2018
Plaintiffs' Reply Memo in Support of Plaintiffs' Second Amended Motion for Class Certification -
07/10/2018
Opinion and Order Denying Defendants' Motion for Reconsideration and Supplemental Motion for Reconsideration -
02/02/2021
Expert Report of Ed Monahan -
04/27/2021
Order Granting Plaintiffs' Second Amended Motion for Class Certification
Date Filed: 06/01/2017
Court: District Court (D.S.C.)
Date Filed: 06/02/2017
Court: District Court (D.S.C.)
Date Filed: 06/01/2017
Court: District Court (D.S.C.)
Date Filed: 06/01/2017
Court: District Court (D.S.C.)
Date Filed: 07/21/2017
Court: District Court (D.S.C.)
Date Filed: 07/21/2017
Court: District Court (D.S.C.)
Date Filed: 07/21/2017
Court: District Court (D.S.C.)
Date Filed: 07/21/2017
Court: District Court (D.S.C.)
Date Filed: 09/20/2017
Court: District Court (D.S.C.)
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Court: District Court (D.S.C.)
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Date Filed: 07/21/2017
Court: District Court (D.S.C.)
Date Filed: 08/23/2017
Court: District Court (D.S.C.)
Date Filed: 09/20/2017
Court: District Court (D.S.C.)
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Court: District Court (D.S.C.)
Date Filed: 10/13/2017
Court: District Court (D.S.C.)
Date Filed: 10/19/2017
Court: District Court (D.S.C.)
Date Filed: 11/13/2017
Court: District Court (D.S.C.)
Date Filed: 11/29/2017
Court: District Court (D.S.C.)
Date Filed: 11/29/2017
Court: District Court (D.S.C.)
Date Filed: 02/05/2018
Court: District Court (D.S.C.)
Date Filed: 03/02/2018
Court: District Court (D.S.C.)
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Date Filed: 03/22/2018
Court: District Court (D.S.C.)
Date Filed: 03/23/2018
Court: District Court (D.S.C.)
Date Filed: 03/29/2018
Court: District Court (D.S.C.)
Date Filed: 04/17/2018
Court: District Court (D.S.C.)
Date Filed: 04/24/2018
Court: District Court (D.S.C.)
Date Filed: 04/26/2018
Court: District Court (D.S.C.)
Date Filed: 04/26/2018
Court: District Court (D.S.C.)
Date Filed: 05/03/2018
Court: District Court (D.S.C.)
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Date Filed: 07/10/2018
Court: District Court (D.S.C.)
Date Filed: 02/02/2021
Court: District Court (D.S.C.)
Date Filed: 04/27/2021
Court: District Court (D.S.C.)
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12/07/2018
Brief for Defendants - Appellants -
12/07/2018
Joint Appendix -
08/08/2018
Brief for Plaintiffs- Appellees -
12/07/2018
Reply Brief for Defendants - Appellants -
01/23/2019
Unpublished Authored Opinion - Fourth Circuit Decision
Date Filed: 12/07/2018
Court: U.S. Court of Appeals, Fourth Circuit
Date Filed: 12/07/2018
Court: U.S. Court of Appeals, Fourth Circuit
Date Filed: 08/08/2018
Court: U.S. Court of Appeals, Fourth Circuit
Date Filed: 12/07/2018
Court: U.S. Court of Appeals, Fourth Circuit
Date Filed: 01/23/2019
Court: U.S. Court of Appeals, Fourth Circuit
Press Releases
ACLU Challenges Unconstitutional Debtors’ Prison Practices in South Carolina County