Defending a Child’s Right to Hug Their Parents in Flint

S.L. et al. v. Swanson 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. 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 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. The lawsuit is brought in Michigan state court against Genesee County, Sheriff Chris Swanson, the multi-billion dollar telecom company Global Tel*Link (or “GTL”), and the company’s CEO Deb Anderson, 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 doesn’t serve any important purpose for the functioning of the jail?

“When I got to see him in person during the one visit, I was so happy. My stomach hurt when we had to leave because I wanted to see him again. I want to see him because he’s the best dad ever…I don’t understand why they won’t let [dad] see us.”
– J.L., seven-year-old whose dad was jailed in Genesee County

The lawsuit was filed on March 15, 2024. In June, Defendant Sheriff Christopher Swanson announced he would be resuming some in-person visits at the jail. The trial court dismissed the case on December 30, 2024. Plaintiffs appealed, and the case is currently pending before the Michigan Court of Appeals.

Pictured above: In Flint, children write messages on the sidewalk outside the jail for their parents who are locked up there to see. In an act of cruelty, the Sheriff washes them away.

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