Justice Department Sues State of Louisiana for Incarcerating People Beyond Their Release Dates

The Justice Department filed a federal lawsuit today against the State of Louisiana and Louisiana Department of Public Safety and Corrections (LDOC) alleging that the state and LDOC maintain a pattern or practice of confining incarcerated people for weeks and months after they have fully completed their prison sentences and are legally entitled to be released, in violation of the 14th Amendment.

“Every person in the United States, whether incarcerated or otherwise, enjoys certain fundamental rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Foremost among them is the right to individual liberty. The Founders were keenly aware of the potential abuse of power when government can arbitrarily take away a person’s freedom without a lawful court order specifying the period of their confinement. In this context, the right to individual liberty includes the right to be released from incarceration on time after the term set by the court has ended. To incarcerate people indefinitely, as LDOC does here, not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws. The Justice Department looks forward to proving its case in court.”

The lawsuit is the result of a multi-year investigation into allegations of systemic overdetention in LDOC’s system conducted by the department’s Civil Rights Division and U.S. Attorneys’ Offices for the Middle, Eastern and Western Districts of Louisiana.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the state with written notice of the supporting facts for these alleged conditions, and the minimum remedial measures necessary to address them in a report issued on Jan. 25, 2023.  CRIPA authorizes the department to act when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to correctional facilities operated by or on behalf of state or local government.

Today’s lawsuit seeks injunctive relief to remedy deficient conditions identified by the department’s investigation. The lawsuit does not seek monetary damages. While the State has made marginal efforts to address the systemic deficiencies leading to overdetention, these steps are inadequate to address the deficiencies, which are longstanding and well-known to the State. 

The Civil Rights Division’s Special Litigation Section and U.S. Attorneys’ Offices for the Middle, Eastern and Western Districts of Louisiana are handling the case. Individuals with relevant information are encouraged to contact the department by phone at 1-833-492-0097 or by email at community.louisianadoc@usdoj.gov.

For more information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Additional information about the Eastern, Middle and Western U.S. Attorneys’ Offices is available at www.justice.gov/usao-edla, www.justice.gov/usao-mdla and www.justice.gov/usao-wdla.