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Tuesday, 28 October 2014 00:00

ACLU Sues Scott County on Behalf of Mississippians Jailed Indefinitely Without Lawyer or Indictment

Written by ACLU Mississippi

The American Civil Liberties Union, the ACLU of Mississippi, and the Roderick and Solange MacArthur Justice Center filed a class action suit late yesterday against the Scott County (Mississippi) sheriff, district attorney, and judges after learning that the Scott County Detention Center has held people for as long as a year without appointing counsel and without indicting them. The county’s practices violate the Sixth and Fourteenth Amendments’ rights to counsel, to a speedy trial, and to a fair bail hearing.

"This is indefinite detention, pure and simple. Scott County jail routinely holds people without giving them a lawyer and without formally charging them for months, with no end in sight. For those waiting for indictment, the county has created its own Constitution-free zone," said Brandon Buskey, Staff Attorney at the ACLU’s Criminal Law Reform Project. "These prisoners’ cases are frozen, their lives outside the jail are disintegrating, and they haven’t even been charged with a crime. The county has tossed these people into a legal black hole."

One plaintiff in the ACLU’s suit, Joshua Bassett, has been in the Scott County Detention Center since January 16 of this year; he has been denied an attorney and a grand jury hearing. Another, Octavious Burks, has been in the jail since November 18, 2013. Neither Mr. Bassett nor Mr. Burks could afford their bail. Mr. Burks has been through this ordeal twice before. Since 2009, he has been jailed in Scott County on three separate charges without indictment or counsel.

The ACLU has evidence that many others have been trapped in the Scott County Detention Center for months at a time because they couldn’t pay bail and, like Mr. Bassett and Mr. Burks, were denied counsel and a grand jury hearing.

"We’re seeking to make Scott County’s justice system function for all its residents," said Buskey. "The county must set reasonable limits on the amount of time someone can remain in jail without a lawyer and without charges. But Scott County, while extreme, isn’t alone. In too many places across the United States, poor people languish in jail for weeks and months, crowding the system because they can’t make bail and are waiting for an indictment or a public defender. Reform can’t come soon enough."


Burks, et al. v. Scott County, Mississippi
After learning that the Scott County Detention Center in Mississippi has held people for as long as a year without indicting them or appointing counsel, the American Civil Liberties Union, the ACLU of Mississippi, and the Roderick and Solange MacArthur Justice Center filed a class action suit against the county’s sheriff, district attorney, and judges. The county’s practices violate the Sixth and Fourteenth Amendments’ rights to counsel, to a speedy trial, and to a fair bail hearing.

While the Scott County jail holds people for months without indicting them, these prisoners’ cases are at a standstill, their lives outside the jail falling apart – all before they have even been charged with a crime. One plaintiff in the ACLU’s suit, Joshua Bassett, has been in the Scott County Detention Center since January 16 of this year; he has been denied an attorney and a grand jury hearing. Another, Octavious Burks, has been in the jail since November 18, 2013. Neither Mr. Bassett nor Mr. Burks could afford their bail. Mr. Burks has been through this ordeal twice before. Since 2009, he has been jailed in Scott County on three separate charges without indictment or counsel.

The ACLU has evidence that many others have been trapped in the Scott County Detention Center for months at a time because they couldn’t pay bail and, like Mr. Bassett and Mr. Burks, were denied counsel and a grand jury hearing. The lawsuit seeks to compel the county to set reasonable limits on the amount of time someone can remain in jail without a lawyer and without charges.

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