Our Constitution promises all people, regardless of their race, equal protection under the laws. Accordingly, courts have long recognized that the Fourteenth Amendment’s Equal Protection Clause prohibits selective enforcement of criminal laws based on race. Yet law enforcement officers of the City of San Francisco have repeatedly violated that clause, singling out Black people for enforcement.

The ACLU of Mississippi, the ACLU, and the law firm Simpson Thacher & Bartlett LLP filed a federal lawsuit against the Madison County Sheriff’s Department to challenge its decades-old policing practices that employ unconstitutional, racially-motivated tactics that target the Black community.

In South Carolina’s municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel—including Tina Bairefoot, Dae’Quandrea Nelson, and Nathan Fox—have been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts—they are optional—but if they decide to have them they must follow the Constitution, which includes the right to counsel.

Whether the Fourth Amendment applies to a police officer's intentional use of physical force against a fleeing person, if that use of force does not succeed in terminating her movement.