Litigation

On January 22, a unanimous Supreme Court issued an opinion that supported prisoners’ rights to sue the government for civil rights violations. In Jones v. Bock, Warden, et al, the Supreme Court overturned a decision by the 6th U. S. Circuit Court of Appeals.

In 1995 I began sharing my story publicly of how being paralyzed in a drunk driving crash has changed my life. I’ll never forget the first time that someone said to me “…but you got a life sentence sitting in that wheelchair and all he got was a year in a restitution center!?” At the time, I was shocked by the assumption being made; I didn’t equate my injury by a man who was convicted of drunk driving with any kind of prison sentence. If there is one thing that I will carry with me for the rest of my life because of my paralysis, it is the dehumanizing experience of others making assumptions about what my life is like.  And when it comes to dehumanization, people with disabilities and prisoners have a lot in common.

In a victory for people who support voting rights, a King County Superior Court judge this week ruled against Washington State's policy of withholding the right to vote from people who are unable to pay off fines related to criminal convictions. The judge ordered that the three people named in the suit are allowed to register to vote. The state has announced its plan to appeal, although

On the last business day of December, the Oregon Supreme Court decided in a trio of cases to support practices that allow for longer sentences. They ruled that juries can impose longer sentences based on aggravating factors like the use of a gun or racial motivations, and can make sentencing decisions at the same time they find a defendant guilty or afterwards.

The US Supreme Court is deciding several cases that will affect the rights of incarcerated people. In early November, the court heard arguments in Goodman v. Georgia (04-1236) and US v. Georgia (04-1203). The outcome of this case will determine the rights of incarcerated people with disabilities. The State of Georgia is arguing that the state can ignore the federal Americans with Disabilities Act when it comes to people in prison.