Federal Judge Recommends that Civil Rights Corps’ Lawsuit Against Family Court Judge & Durham County Sheriff, for Repeatedly Kicking CRC Out of Court, Move Forward
The lawsuit argues that Judge Walker and Sheriff Birkhead’s actions violate CRC’s First Amendment rights.
Durham, NC – Last November, Civil Rights Corps filed a lawsuit against Durham County Judge Walker for her repeated and ongoing refusal to permit community members and the public, including CRC, to observe judicial proceedings relating to one of the most profound exercises of state power—the forcible separation of children from their parents. 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, but were met with resistance from Judge Walker and Sheriff Birkhead. The lawsuit alleges that Judge Walker violated CRC’s First Amendment rights by kicking CRC out of court without process or explanation. We also sued Sheriff Birkhead for enforcing Walker’s unconstitutional orders.
The Defendants sought to dismiss the case. On Oct 30, 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.
What happens next? The case will continue.The decision is a Report and Recommendation from a Magistrate Judge, which means that the parties have an opportunity to object, and the District Court Judge will then decide – based on the MJ’s decision and the parties’ objections – whether to adopt the R&R in part, in full, or not at all.
- The Magistrate Judge’s report included important recommendations that support our case and refute the Defendants’ motion to dismiss:
- The Sheriff and Walker are proper defendants.
- There are no jurisdictional bars to relief.
- CRC’s testimony about getting kicked out of court was credited, as were our expert affidavits on the benefits of public access.
“We believe strongly in a qualified right to access dependency court and are excited to keep fighting. When civil rights organizations and the public can access courts, we can help make sustained, lasting change,” said Elizabeth Rossi, Director of Strategic Initiatives and attorney at Civil Rights Corps.
Learn more about the case and find relevant documents HERE.
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Civil Rights Corps challenges systemic injustice in the U.S. legal system. Through innovative civil rights litigation, advocacy, and public education, we aim to re-sensitize the legal system and our culture to the injustice and brutality that characterizes the contemporary U.S. legal system. Our work is guided by a commitment to the people and communities harmed by policing, surveillance, incarceration, discrimination, and the criminalization of poverty.