“To incarcerate people indefinitely, as [the Louisiana Department of Public Safety and Corrections] does here, not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws,” said Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division. “The Justice Department looks forward to proving its case in court.”v
The federal Department of Justice has filed a lawsuit against the state of Louisiana, claiming that its corrections department unlawfully imprisoned thousands of inmates for weeks—and, in some cases, months—after their sentences had been completed.
According to USA Today, the Justice Department’s lawsuit claims that more than a quarter of all people due to be released from the custody of the Louisiana Department of Public Safety and Corrections are held past their release dates.
Attorneys for the agency say that the state’s practices could constitute violations of inmates’ 14th Amendment rights.
“To incarcerate people indefinitely, as [the Louisiana Department of Public Safety and Corrections] does here, not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws,” said Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division. “The Justice Department looks forward to proving its case in court.”
The Justice Department claims that Louisiana relies on “outdated, unreliable, and inefficient systems and practices that result in errors and unreasonable administrative delays.”
“These errors and unreasonable administrative delays occur at every step of the release process,” the department said, noting that Louisiana has made few changes to its system since 1991.
Although the Louisiana Department of Public Safety and Corrections announced the development of a new system in 2018, it has yet to be fully implemented.
“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 Justice Department alleges.
Louisiana Gov. Jeff Landry and state Attorney General Liz Murrill have since blamed the problem on the “failed criminal justice reforms” advanced by the “past administration.”
“This past year, we have taken significant action to keep Louisianans safe and ensure those who commit the crime, also do the time,” they said in a statement. “The state of Louisiana is committed to preserving the constitutional rights of Louisiana citizens.”
Landry and Murrill also tried to deflect blame onto outgoing President Joe Biden, positing the lawsuit as politically motivated.
However, the Guardian notes that activists have long challenged conditions in the state’s prison system. Louisiana has a higher-than-average rate of incarceration, and it is the home to the country’s largest maximum-security prison.
Sources
Justice Department sues Louisiana for holding prisoners past their release date
Louisiana holds people in prisons past their release date, DoJ lawsuit alleges
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