Debtors' Prisons
Brown v. Lexington County, et al
This case is part of a 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 fees, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice could avoid jail only if they paid the entire amount of outstanding court fines and fees up front and in full. Indigent people who were unable to pay were incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result was one of the most draconian debtors’ prisons uncovered by the ACLU since 2010.
Status: Closed (Settled)
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All Cases
4 Debtors' Prisons Cases
North Carolina
Mar 2022
Johnson v. Jessup
The American Civil Liberties Union (ACLU), ACLU of North Carolina, Southern Poverty Law Center (SPLC), and Southern Coalition for Social Justice are suing the North Carolina Division of Motor Vehicles (DMV) for indefinitely revoking driver’s licenses of people who cannot afford to pay traffic tickets. North Carolina’s wealth-based license revocation system impacts hundreds of thousands of people each year, preventing them from driving legally to support themselves and their families. This system funnels people unable to pay traffic tickets, particularly people of color, into cycles of debt, traffic violations, and poverty in violation of the Fourteenth Amendment’s promises of due process and equal protection under the law.
Status: Ongoing
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North Carolina
Debtors' Prisons
Racial Justice
Johnson v. Jessup
The American Civil Liberties Union (ACLU), ACLU of North Carolina, Southern Poverty Law Center (SPLC), and Southern Coalition for Social Justice are suing the North Carolina Division of Motor Vehicles (DMV) for indefinitely revoking driver’s licenses of people who cannot afford to pay traffic tickets. North Carolina’s wealth-based license revocation system impacts hundreds of thousands of people each year, preventing them from driving legally to support themselves and their families. This system funnels people unable to pay traffic tickets, particularly people of color, into cycles of debt, traffic violations, and poverty in violation of the Fourteenth Amendment’s promises of due process and equal protection under the law.
Mar 2022
Status: Ongoing
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Sep 2016
Kennedy v. City of Biloxi
In the latest pushback against the national scourge of debtors' prisons, on October 21, 2015, the American Civil Liberties Union filed a federal lawsuit challenging the illegal arrest and jailing of poor people in Biloxi, Mississippi, without a hearing or representation by counsel. Victims are told they can avoid jail only if they pay the entire amount of outstanding court fines and fees up front, in full, and in cash.
Status: Ongoing
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Debtors' Prisons
Kennedy v. City of Biloxi
In the latest pushback against the national scourge of debtors' prisons, on October 21, 2015, the American Civil Liberties Union filed a federal lawsuit challenging the illegal arrest and jailing of poor people in Biloxi, Mississippi, without a hearing or representation by counsel. Victims are told they can avoid jail only if they pay the entire amount of outstanding court fines and fees up front, in full, and in cash.
Sep 2016
Status: Ongoing
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Jun 2016
Fuentes v. Benton County
On October 6, 2015, the American Civil Liberties Union and the law firm of Terrell Marshall Law Group PLLC filed a class-action lawsuit against Benton County in central Washington over its unconstitutional system for collecting court-imposed debts. The suit says the county jails, threatens to jail, or forces manual labor on indigent people who are unable to afford legal financial obligations imposed by the county. The system is designed to fund county services by extracting revenue and labor from vulnerable people.
Status: Closed (Judgment)
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Debtors' Prisons
Fuentes v. Benton County
On October 6, 2015, the American Civil Liberties Union and the law firm of Terrell Marshall Law Group PLLC filed a class-action lawsuit against Benton County in central Washington over its unconstitutional system for collecting court-imposed debts. The suit says the county jails, threatens to jail, or forces manual labor on indigent people who are unable to afford legal financial obligations imposed by the county. The system is designed to fund county services by extracting revenue and labor from vulnerable people.
Jun 2016
Status: Closed (Judgment)
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