Santa Fe Debtors’ Prison Violates Civil Rights, Class Action Claims

The City of Santa Fe has been running a debtor’s prison that robs accused debtors of their right to due process, according to a new civil rights class action lawsuit.

Plaintiffs George West, Robert Jones and Brady Fuller argue that through the city’s municipal court system, Santa Fe has been operation an unlawful “two-tiered” justice system.

Citizens who can afford to pay one-time fines like traffic tickets pay no more penalty than the fine itself, they say.

“But those who cannot afford to pay upfront … are trapped in a maze of escalating fines and fees that can take years to pay off,” the plaintiffs say. “Anyone who falls behind faces imprisonment in unconscionable conditions without the opportunity to see a judge or explain the circumstances that prevent payment.”

Both West and Jones say they have been subject to snowballing fine amounts that they cannot possibly afford, without any opportunity to explain their inability to pay to a judge. They anticipate they are headed for arrest and detention in Santa Fe debtors’ prison without recourse to a proper hearing.

West says his debt originated from unpaid traffic tickets. To earn money to pay those tickets and the associated surcharges, in addition to his other expenses, West had to drive without a license – which itself led to more tickets.

To date, West’s outstanding fines have ballooned to nearly $1,500. West says he is unable to pay these fines as ordered, but neither has he had a chance to explain his circumstances to a judge or work out an alternative payment plan.

Jones, a Marine Corps veteran trying to start a plumbing company, says a ticket for driving without insurance has snowballed into an $875 fine. The Santa Fe municipal court will not allow him a hearing in which he could explain his inability to pay, he says.

Fuller says has already been jailed for his failure to pay. He claims he was in an inpatient addiction treatment program on the date of the court hearing for his traffic ticket for an expired inspection sticker.

Fuller claims that when he signed papers in municipal court to set up a payment plan, no one explained to him that he was also pleading guilty to criminal charges. When he failed to make his first payment, he was arrested and thrown into Santa Fe debtors’ prison, the class action lawsuit states.

The plaintiffs argue that this purported Santa Fe debtors’ prison system violates constitutional rights to due process, equal protection, assistance of counsel, and freedom from cruel and unusual punishment.

West and Jones propose to represent a Class consisting of “[a]ll people who are subject to an open capias pro fine warrant issued by Santa Fe Municipal Court,” for the purpose of seeking prospective relief.

Fuller proposes to represent a separate Class consisting of “[a]ll people confined in the Santa Fe Jail since November 3, 2014, under a capias pro fine warrant resulting from an uncounseled misdemeanor prosecution in Santa Fe Municipal Court,” for the purpose of seeking damages.

They seek an injunction prohibiting the City of Santa Fe from executing a capias pro fine warrant against any Class Member who has not received a proper hearing regarding their failure to pay, who were not represented by counsel at every critical stage of the process, or who was not provided adequate food during their detention.

For members of the Damages Class, they seek an award to cover expenses related to the allegedly unlawful detention suffered by Class Members. They also seek an award of attorneys’ fees and costs of litigation.

The plaintiffs are represented by attorneys Trisha Trigilio and Rebecca Robertson of the ACLU of Texas.

The Santa Fe Debtors’ Prison Class Action Lawsuit is George West, et al. v. City of Santa Fe, Texas, et al., Case No. 3:16-cv-00309, in the U.S. District Court for the Southern District of Texas.