Crittindon v. Gusman

The MacArthur Justice Center (MJC) filed a lawsuit representing five individuals who were held in custody  for several months after their release dates had come and gone.

Each client pled guilty to charges in Orleans Parish and were sentenced to the custody of the Louisiana Department of Public Safety (DPS&C); each was entitled to release at that time (or very shortly thereafter) due to the time they’d already served pretrial. Instead, each was transported by the Orleans Parish Sheriff’s Office (OPSO) to the East Carroll Parish jail where they were held between three to six months beyond the date he was entitled to release. Unfortunately, this is not a unique situation. The DPS&C and its employees have overdetained people in its custody for years, particularly where the incarcerated person is sent to a parish jail instead of a State facility.

The suit names officials with the East Carroll Parish Sheriff’s Office (ECPSO), the OPSO, and the DPS&C. The DPS&C Defendants had responsibility for policies related to the timely release of individuals in the legal custody of the Department (including specifically those people held in local parish jails), and for supervision of the process of effecting timely release.

In June 2022, the Fifth Circuit affirmed the district court’s denial of qualified immunity for the Louisiana Dept. of Public Safety & Corrections officials who detained our clients beyond their release date. The DPS&C officials’ request for reconsideration of that ruling is still pending.