Making Noise & Making News: March 2023

Our litigators, organizers, and volunteers, and the larger abolition and decarceration movement we’re part of, have been running at full speed the last few months.

We’ve been in the streets and in the courts, in front of the cameras and behind the scenes, fighting for freedom and an end to state violence.


FREEDOM, FIVE YEARS ON

February 20, 2023 was the five year anniversary of the day that ALC executive director Robert Saleem Holbrook, walked out of SCI Greene after serving 27 years of a death by incarceration sentence for an offense he was involved with as a 16-year-old child. In this essay Saleem reflects on his journey since 2018 (which includes recently being named to the transition team for PA Governor Josh Shapiro), and his unwavering dedication to the people he left behind on the inside, and their families on the outside.


ON THE LEGAL FRONT

In the fall of 2022, ALC and our allies at Civil Rights Corps filed Horton v. Rangos, a major new lawsuit challenging the illegal detention of hundreds of people in the Allegheny County Jail. The suit claims that the manner in which the County detains individuals accused of violating the conditions of their probation is unconstitutional, leading to excessive pre-trial incarceration.

People accused of having violated their probation – whether for technical reasons such as not attending a required meeting, or for allegedly committing new offenses – are often detained pending a probation violation hearing, which can take months and even sometimes years to be scheduled. Even if a judge sets bail, people held pursuant to probation detainers must remain incarcerated. Probation detainers are the primary driver of pretrial incarceration at the Allegheny County Jail.

The lawsuit alleges that when probation hearing officers are ruling on whether to lift people’s detainers (that is, whether to release them from incarceration), the officers do not consider any evidence and do not make any findings about whether there’s a good reason to jail the person. Furthermore, the lawsuit alleges that in certain categories of cases, the hearing officers apply a mandatory detention policy; no matter the facts or circumstances, they refuse to lift the probation detainers.

In October 2022, ALC filed a motion for preliminary injunction asking defendants (including Adult Probation and Judges Rangos, Bigley, and Mariani) to cease those mandatory detention practices. A hearing on that motion is coming up in April, as we continue building a powerful case to end these egregiously unconstitutional and repressive practices in Allegheny County.


In other ALC legal news:


SHOWING UP FOR OUR COMMUNITIES

Around Philly:

There is a deadly crisis in Philadelphia’s jails. Our community members are being abused and neglected, and just during the pandemic time period alone, 29 people have died.

ALC is working on legislation to establish a Prison Oversight Board over Philly’s four jails to create oversight, transparency, and accountability where currently none exists. Our vision is that the Board will be an independent civilian body whose members will include those who are the experts on Philly’s carceral system — formerly incarcerated people and their loved ones — who will have the power to investigate abuses, audit prison practices and policies, and have full access to the facilities.

You can learn more about Philly jail conditions and the work we’re doing by checking out videos of POWER’s Town Hall on the Tragedy of Philly’s Jails and one we hosted last year. To get involved, email ALC’s Philly Jails Organizer Sam Lew at sam@alcenter.org.

Around Pittsburgh:

The campaign to end abuses at the Allegheny County Jail remains the primary focus of our Pittsburgh-area organizing work presently. We’re continuing to engage relentlessly with jail oversight board meetings and board members, educate the community on carceral issues, and build a coalition with our partners at APA (Alliance for Police Accountability).

We’ve been advocating for incarcerated people to receive medicine while caged at the jail; organizing court support for people who have hearings; and focusing especially on the children incarcerated at the ACJ, as well as those with psychiatric and other disabilities, whose conditions tend to be catastrophically exacerbated by confinement at the jail.

This excellent recent article in Spotlight PA exemplifies the abysmal situations that are all too often experienced by people with psychiatric issues who encounter the criminal legal system in Allegheny County, and describes the sort of intensely hands-on interventions by our staff and other advocates who are fighting for better outcomes for these vulnerable people: A CRIMINAL SOLUTION: Determining whether someone is mentally fit to stand trial in Pennsylvania often traps them in the very place making them worse — jail. This is the story of one woman’s fight to get out.

And in another form of advocacy, we’re lifting up this fundraiser to buy a headstone for Gerald Thomas, who died at ACJ a year ago, and whose experience was detailed in the ALC report, “Death-Making Institutions.”


SPOTLIGHT ON AN EMERGING LEADER

Sergio “Serg” Hyland joined ALC’s staff as the executive assistant in 2022, several months after being released following two decades in prison.

While inside, Serg pursued an education; was mentored by ALC’s first client, political prisoner Russell Maroon Shoatz; and became a published writer and a correspondent for Prison Radio.

Today Serg is still a writer. He’s also an in-demand speaker, a political organizer, and the editor-in-chief of The Movement magazine of the Human Rights Coalition.

In addition to all of these activities, Serg was recently named to the Emerging Leaders Corp, a new collaborative learning program just launched by the Pew Charitable trust. This initiative “aims to help rising Philadelphia leaders tackle some of the city’s biggest challenges by strengthening their ability to use data effectively to assess policy options and inform decision-making… Over the course of the sessions, participants will also develop their visions for the city’s future. And the program will culminate with participants sharing their action plans for advancing those visions through continued learning, collaboration, and advocacy with policymakers and civic leaders.”

We send a huge shout-out to this dynamic and driven member of our staff!


DOUBLE DIGITS!

In February 2023, ALC turned 10! We’re working on plans to celebrate a decade of freeing people and fighting state violence, and we’ll share more news about that as the year unfolds.

As we look at where we’ve been and where we’re headed, we gratefully acknowledge the vital role our community plays in enhancing and sustaining our work. And we’re counting on our supporters to invest in another decade of decarceration.

Please consider marking this milestone by increasing your total annual support by 10% this year; setting up a recurring $10/month donation; or even simply adding $10 to your one-time gift.


DONATE TO DECARCERATE

Help us sustain the fight to free people from incarceration and other forms of racist state violence by making a tax-deductible donation to the Abolitionist Law Center today.

Your gift fuels our collective liberation struggle and powers the transformative change we’re fighting for in the courts, in the streets, behind bars, and on the outside.

We need your partnership to keep the pressure on, and we appreciate your contribution of any amount today. There’s so much more for us to do together!

Contributions to the Abolitionist Law Center, a 501(c)(3) organization, are tax-deductible to the full extent of the law.


Plaintiffs bring class action lawsuit challenging the pervasive use of probation detainers in Allegheny County, Pennsylvania

For Immediate Release: October 3, 2022

Pittsburgh, Pa. –  Six currently detained individuals filed a class action lawsuit in the United States District Court for the Western District of Pennsylvania against three Allegheny County judges; Administrative Judge Jill Rangos and Court of Common Pleas Judges Anthony Mariani, and Kelly Bigley, as well as Jail Warden Orlando Harper and Director of Probation Frank Scherer and other probation department officials, alleging that Allegheny County’s pervasive use of probation detainers violates their state and federal constitutional rights. Represented by counsel from Civil Rights Corps and Abolitionist Law Center, the plaintiffs seeks a declaration that Defendants’ policies and practices violate their rights to due process under the Fourteenth Amendment, through unlawfully jailing people arrested for probation violations for prolonged periods without an adequate assessment or determination that such detention is necessary. The plaintiffs also seek injunctive relief to change the practices that result in rampant illegal incarceration, and they will be moving for a preliminary injunction to immediately halt the unconstitutional practices. Finally, they seek money damages for every day of illegal detention they have suffered.

The lawsuit challenges the systemic use of probation detainers, the single largest driver of incarceration at the Allegheny County Jail. A probation detainer prohibits an individual’s release from jail until they have a hearing to determine whether they violated their probation. On any given day, about one third of the  jail population (upwards of 600 people) has  a probation detainer lodged against them. Approximately 16% of them are accused only of a technical violation of probation, such as failing to update their address or to meet with their probation officer. Most of the people with new charges, the other reason for alleged violations, are theoretically able to get out of jail on the new charges on either monetary or non-monetary bail. But because of the probation detainer, they’re stuck in jail. The suit challenges the constitutionality of the perfunctory proceedings at which decisions regarding detainers are made. The suit further challenges Judges Mariani and Bigley’s blanket administrative “no-lift” policy, automatically requiring all people they supervise who are arrested for an alleged probation violation to remain in jail, no matter the circumstances of the probation violation. “Local officials’ detainer practices are particularly jarring in light of the ongoing crisis at the Allegheny County Jail; at least six people incarcerated at the jail have died this year alone, 17 since the onset of the pandemic. Yet the jail continues to be senselessly overpopulated because of the rampant and illegal use of probation detainers,” said Sumayya Saleh, Senior Attorney, Civil Rights Corps.

Gerald Thomas is one of the individuals who died in the jail this past year. He was accused of new charges, which were all ultimately withdrawn. Mr. Thomas was held on a probation detainer for almost a year. Shortly before Mr. Thomas’s death, Judge Mariani refused to lift his detainer despite the withdrawn charges. “Mr. Thomas’s death is the worst possible outcome of these dangerous policies, but it is not an unpredictable one,” said Dolly Prabhu, Staff Attorney at the Abolitionist Law Center. “To not put an end to these practices is to continue to put hundreds of incarcerated people in Allegheny County at risk everyday.”

Dion Horton is the lead named plaintiff in the case. He’s been in jail since February 2022 for allegedly violating probation after being accused of new offenses. A judicial officer in a separate proceeding ordered that he could be released from jail on those charges. Despite this, a probation detainer was lodged against him, with no separate determination that his incarceration is necessary. Nearly eight months have passed, and there is no end in sight–he has no idea when he will have a hearing on the alleged probation violation. “I thought that we were supposed to be innocent until proven guilty,” said Mr. Horton. “But with probation detainers, it’s like I’m guilty before I’m ever tried. That doesn’t seem fair to me.”

Civil Rights Corps is a non-profit organization dedicated to challenging systemic injustice in the American legal system through innovative civil rights litigation. CRC works with individuals accused and convicted of crimes, their families and communities, people currently or formerly incarcerated, activists, organizers, judges, and government officials to challenge mass human caging and to create a legal system that promotes equality and human freedom.

The Abolitionist Law Center is a public interest law firm inspired by the struggle of political and politicized prisoners, and organized for the purpose of abolishing class and race based mass incarceration in the United States.  Abolitionist Law Center litigates on behalf of people whose human rights have been violated in prison, educates the general public about the evils of mass incarceration, and works to develop a mass movement against the American punishment system by building alliances and nurturing solidarity across social divisions.

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Cheryl Bonacci
Civil Rights Corps
cheryl@civilrightscorps.org

Dolly Prabhu
Abolitionist Law Center
dprabhu@alcenter.org