Challenging For-Profit Probation Scheme in Giles County
McNeil et al. v. Community Probation Services et al.
In 2018, five named plaintiffs sued Giles County, TN and two private probation companies on behalf of a class of people who were being supervised on for-profit probation. The lawsuit describes how the companies were extorting millions of dollars off the backs of the poorest people in Giles County by threatening them with arrest and jailing if they didn’t make payments, and extending their supervision for years if they were unable to pay. The Plaintiffs brought RICO and constitutional claims, settling in February 2022 for over $2 million and the cancellation of approximately $6 million in debt.
The lawsuit resulted in the County ending its contracts with both companies and eliminating misdemeanor probation altogether in Giles County, and the district court issued landmark rulings holding that the for-profit probation scheme violated due process and equal protection.
Media Coverage:
New Lawsuit Focuses on Private Probation in Giles County | NewsChannel 5 Nashville | Apr 24, 2018
Partners:
Law Office of Kyle Mothershead
Barrett Johnston Martin & Garrison, LLC
Filings:
Consent Decree (Jan 13, 2022)
Memorandum on PSI Defendants' Motion for Summary Judgement (Feb 3, 2021)
Memorandum on Defendants' Motions to Dismiss (Feb 3, 2021)
Sixth Circuit Opinion Upholding Preliminary Injunction (Dec 23, 2019)
Memorandum Granting Preliminary Injunction (Feb 14, 2019)
Complaint (July 13, 2018)
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