Defending a Child’s Right to Hug Their Parents in Port Huron

M.M. et al. v. King et al.

Over the last decade, hundreds of jails across the United States have eliminated in-person family visits. The policy change has devastating consequences for the people who are incarcerated, for their children and loved ones, and for public safety generally. Why has this happened? The answer highlights a profound flaw in how decisions too often get made in our legal system: for-profit jail telecom companies know they can earn more profit from paid phone and video calls if jails eliminate free in-person visits for families. So the companies offered sheriffs and county jails a deal: if you end family visits, we’ll give you a cut of the increased profits from the larger number of calls. This led to a wave across the country, as local jails and companies sought hundreds of millions of dollars in cash from some of the poorest families in our society.

Our lawsuit was filed on behalf of children and parents in Port Huron, Michigan, who were unable to visit jailed family members because of the decision to end in-person visits at the jail. The lawsuit is brought in Michigan state court against St. Clair County, Sheriff Mat King, and the multi-billion dollar telecom company Securus, the company’s billionaire owner, Tom Gores, and Platinum Equity, the private equity firm that manages it, and several other corporate executives, alleging a conspiracy to violate the plaintiffs’ fundamental constitutional rights. The landmark case raises novel and vital constitutional questions, including—can the government ban children and parents from visiting each other if one of them is jailed, even when the policy serves no important purpose for the functioning of the jail?

“I need to see my dad in-person. If I could visit my dad, I would give him a big hug.”
– M.M., twelve year old plaintiff whose dad was jailed in St. Clair County

The lawsuit was filed on March 15, 2024. The trial court dismissed the case on August 14, 2024. Plaintiffs appealed, and the case is currently pending before the Michigan Court of Appeals.

Pictured above: “I love my family”. Drawing by A.P., a four year old who was separated from her dad for almost eight months.

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