Defending the First Amendment Right to Observe Dependency Court in Durham County
Civil Rights Corps v. Walker et al.
In November 2024, Civil Right Corps filed a lawsuit asking the federal court to recognize a First Amendment right to observe dependency court in Durham County, North Carolina. For over 15 months, CRC attorneys and staff attempted to observe proceedings in the Durham County dependency courts, which preside over cases involving allegations of abuse and neglect. These cases involve the most profound and devastating exercises of state power: the complete elimination of a parent and child’s legal right to a relationship with each other; the permanent destruction of families; the termination of a child’s connection to their grandparents, siblings, aunts, uncles, and entire community; and the complete severance of all that a child knows as home. And yet, our lawsuit alleges, Judge Doretta Walker repeatedly kicked CRC out of the courtroom, prohibiting them from observing without providing any reasons or allowing CRC to be heard on the question of why it should be permitted to remain. In fact, across the country, judges arbitrarily close the doors to the public and impose blanket gag orders on families. As a result, this powerful system operates largely in secrecy, causing enormous trauma without any transparency or accountability.
Our lawsuit alleges that Judge Walker’s actions violated CRC’s First Amendment rights and that Sheriff Clarence F. Birkhead enforced Judge Walker’s unconstitutional orders.
The Defendants sought to dismiss the case. In Oct 2025, the Magistrate Judge recommended that the District Judge deny those motions, in part based on CRC’s allegations that abuse and neglect proceedings have historically been open and that public access would improve the court’s functioning. If the District Judge accepts the Magistrate’s recommendation, our case will move forward.
CRC is represented by counsel at Munger, Tolles & Olsen and by Christopher Heaney.
Media Coverage:
Civil Rights Nonprofit Sues Durham Sheriff, Judge Over Closed Parental Rights Proceedings | The Indy | Nov 14, 2014
Represented by:
Law Office of Christopher J. Heaney
Filings:
David S. Tanenhaus Declaration in Support of Motion for Preliminary Injunction (Dec 2, 2024)
Memorandum in Support of Plaintiff's Motion for Preliminary Injunction (Dec 2, 2024)
Complaint (Nov 13, 2024)
More from the Ending Family Separation
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S.L. v. Swanson. In 2024, we filed a lawsuit on behalf of a group of children and parents in Flint, Michigan who were unable to visit jailed family members because of the decision to end in-person visits at the jail.
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