Civil Liberties in Prison
State v. Morris
This case in the Ohio Supreme Court concerns the scope of the state constitutional right to counsel. The police in this case interrogated the defendant, Isaiah Morris, without mentioning his already-appointed counsel or asking him to waive his right to counsel. This procedural circumstance risks confusing criminal defendants and undermining their state constitutional rights. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Ohio and WilmerHale, filed an amicus brief arguing that merely providing a defendant notice of Miranda rights falls short of the bare minimum requirements for a valid waiver.
Status: Ongoing
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4 Civil Liberties in Prison Cases
Utah Supreme Court
Nov 2023
Civil Liberties in Prison
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
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Utah Supreme Court
Nov 2023
Civil Liberties in Prison
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
Missouri
Feb 2023
Civil Liberties in Prison
Prisoners' Rights
Reporters Committee for Freedom of the Press v. United States of America
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Missouri
Feb 2023
Civil Liberties in Prison
Prisoners' Rights
Reporters Committee for Freedom of the Press v. United States of America
Florida
Sep 2021
Civil Liberties in Prison
Prisoners' Rights
Barnett v. Tony
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
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Florida
Sep 2021
Civil Liberties in Prison
Prisoners' Rights
Barnett v. Tony
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.