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The Louisiana Department of Public Safety and Correction (LDOC) is facing yet another class action lawsuit alleging it keeps people in prisons and jails beyond their release dates, a practice observers say has been going on since at least 2012.
The latest lawsuit, filed Friday in federal court, seeks a court order halting the LDOC from keeping people behind bars after they are meant to be freed, WDSU reported.
Plaintiff Joel Giroir was eligible for immediate release the day of his sentencing on Jan. 26, lawyers Most & Associates told WDSU. But as of Feb. 19, he remained behind bars. Daily calls from his family and friends wanting answers about his continued incarceration went unheeded.
“Internal investigations, individual lawsuits, and public pressure have failed to convince the Department of Corrections to stop holding thousands of people past their release dates each year. A court order is now needed,” Most & Associates attorney Caroline Gabriel said.
The latest class action comes after the U.S. Department of Justice announced in December it had opened a “statewide civil investigation into Louisiana’s prisoner release practices,” following a series of similar lawsuits brought against the LDOC.
The series of ongoing lawsuits and a 2017 Legislative Auditor’s report allege the state routinely keeps prisoners in jail past their release dates, for days, weeks and even months, WDSU reported.
The cause reportedly stems in part from the corrections departments’ time-consuming method of processing release paperwork, along with a lack of efficient coordination with court clerks’ offices and sheriff’s offices, the lawsuits state.
One lawsuit reportedly stated the corrections department admitted in one month in 2019, 231 inmates were held for an average of 44 days “after a judge ordered them free.”
According to legal social justice organization Impact Fund, LDOC Secretary James LeBlanc has known about the state’s over detention problem since at least 2012 due to an internal review, and has done “virtually nothing since” to ensure that Louisiana prisoners are released on time.
The organization said the LDOC learned the state was over-detaining over 2,000 people each year, with an average of 71.69 “overdue days” per person over detained.
Under Louisiana law, confining any person without legal authority to do so is false imprisonment.
The United States Supreme Court rules that, while some extra time to process paperwork may be necessary, it is unreasonable to imprison a person any longer than 48 hours after they are entitled to release, Impact Fund said.
“Louisiana’s imprisonment of people for months after they are entitled to release flagrantly violates the laws of Louisiana and the United States.”
As well as multiple class action lawsuits over the over-detention issues, the LDOC is also facing class action for its treatment of incarcerated people who have tested positive for COVID-19.
Have you or someone you know been over-detained in prison? Let us know your experiences in the comments.
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4 thoughts onLouisiana DOC Keeps People Behind Bars Past Release as Lawsuits Pile Up
Was detained a little over 4 months in Terrebonne Parish sentenced to Doc for a year pending classification by Doc for a n release date, their response was a release the next morning when it came, I don’t even know my DOC # today released March 18th 2023
My name is Elfego lozano. I’m seeking a lawyer in southwest louisiana(sulpher, or lake charles area) who will take up my lawsuit I intend on filing against the state of Louisiana for overdetention, violating my civil rights, and 14th ammendment to my constitutional rights. I was held in elayn hunts correctional facility for 6 months overdue my immediate release. I have evidence, paperwork from Louisiana dept. Of public safety and corrections stating my parole was terminated 9-22-22… while I sat in prison until March 4th
My son had been sitting in prison for 3 years and had not been to court yet in Spokane Washington. They are using the excuse of Covid. But they had a chance to get him to court a year and half before covid. The clout was closed for approximately 3 weeks during covid. But the 2 1/2 hadn’t been. The past 10 months they’ve been open, Even to the public spectators of court cases. What happened to speedy trials, bill of rights? Did that all stop because of covid? His public degenerative is doing NOTHING. Spokane has always had a reputation for doing things the way they want. They make up the rules, but don’t go by them.
Oops, that was supposed to say public DEFENDER not degenerative (stupid phone auto spell check)