Woods v. Judicial Corr. Servs., Inc.
| Decision Date | 05 June 2019 |
| Docket Number | Case No.: 2:15-cv-00493-RDP |
| Parties | HALI WOODS, et al., Plaintiffs, v. JUDICIAL CORRECTION SERVICES, INC., et al., Defendants. |
| Court | U.S. District Court — Northern District of Alabama |
This matter is before the court on Defendant Judicial Correction Services, Inc.'s ("JCS") Motion for Summary Judgment. (Doc. # 181). The Motion has been fully briefed. (Docs. # 183, 192, and 202). For the reasons discussed below, the Motion is due to be granted in part and denied in part.
In 2006, the City of Columbiana entered into a contract with JCS under which JCS was to provide probation services to the Columbiana municipal court. (Doc. # 157). Municipal court Judge Mike Atchison first learned of JCS from other municipalities that used JCS's services. (Docs. # 160 at 24, # 158 at 38-40). Joanna Seale, a municipal court magistrate and the court clerk, had also heard about JCS during continuing education programs taken in connection withher magistrate position. (Doc. # 158 at 37). Seale called Susan Fuqua, a magistrate in Hoover, Alabama, to ask about that court's experience with JCS. (Id. at 38-40). The Columbiana municipal court explored using JCS for probation services in an effort to save the municipal court from having to hire another full time employee. (Id. at 37).
JCS marketed itself as an offender-paid system which did not charge a municipality any money for its services. (Doc. # 180-31 at 193). It claimed that: (1) it could provide an incentive for probationers to pay their fines at a higher and faster rate, (2) its system increased partial payment rates, and (3) under its system, partial payments averaged eighty to ninety percent of the total fine. (Doc. # 193-2). Offenders placed on probation were generally ordered to pay JCS a one-time $10 set-up fee and $35 for each month of probation. (See, e.g., Doc. # 168 at 16).
The Contract with JCS was signed on behalf of Columbiana by then-Mayor Allan Lowe, and on behalf of JCS by the President of JCS Alabama, Kevin Egan. (Doc. # 183-2). The Contract provides for compensation to JCS of a "[p]robation fee of $35.00 per month" and a "[o]ne-time probationer set-up fee of $10.00." (Id. at 5). However, Exhibit A to the Contract provides that, "Probationers who pay their entire fine and Court costs within one week of the sentencing date will not be charged a probation supervision fee by JCS, although they would be responsible for $10 set-up fee." (Id. at 3).
Under the Contract, JCS agreed to "supervise all probated cases sentenced by the Court" and "supervise indigent cases when determined by the Court." (Id. at 4). JCS agreed to "comply with the Court's ruling in reference to sentencing or possible revocation of probation" and that "[a]ny modification to the original court sentence will be decided by the Court." (Id. at 4-5).
On April 15, 2015, Columbiana Mayor Stancil Handley terminated Columbiana's JCS Contract. (Doc. # 157-1 at 58). JCS no longer operates in Alabama. (Doc. # 80).
Columbiana's municipal court generally held two monthly court sessions. (Doc. # 183-1 at 38, 55). Magistrate Seale sat at a table next to Judge Atchison during court. (Doc. # 183-26 at 1). At the beginning of each court session, Judge Atchison read prepared remarks. (Id. at 1, 5-6).2 The prepared remarks informed defendants, among other things, that they had a right to be represented by counsel and that, if jail was a possible punishment and they were unable to pay for an attorney, one may be appointed. (Id. at 2, 5-6). During court, defendants were given a copy of Unified Judicial System form C-44B, Explanation of Rights Plea of Guilty. (Id. at 3, 8-9).3
Judge Atchison was responsible for investigating a person's ability to pay a fine, and this indigency review was to occur prior to any involvement by JCS. (Docs. # 158 at 93-96, # 158-1 at 53, 74, 93-94). Magistrate Seale gave defendants an affidavit of substantial hardship, another state form, when Judge Atchison told her to do so or when an attorney was appointed at a bond hearing. (Doc. # 183-1 at 96). However, Plaintiffs Woods and Douglas both testified that they told Judge Atchison that they were unable to pay the fines he imposed, but he nonetheless imposed the fines and referred them to JCS. (Docs. # 183-8 at 54-55, 86, 212-14, # 183-27 at 71, 75-76, # 193-4, # 193-5). Magistrate Seale testified that, if a defendant could not pay a fine in full, the normal procedure was to sentence them to either probation with JCS or to jail. (Doc.# 183-1 at 121-23). There were a few occasions where Judge Atchison instructed Seale to accept periodic payments. (Id.). Despite the fact that they explained their inability to pay, Woods and Douglas were not offered any options other than probation with JCS or jail. (Docs. # 193-4, # 193-5). Douglas was told that she either had to "go on JCS or go to jail." (Doc. # 193-4). At one point Woods asked Judge Atchison if community service was an option, but he responded that it was not offered. (Doc. # 193-5 at 2).
Judge Atchison expected JCS to follow his orders. (Doc. # 183-7 at 16, 19, 68). Judge Atchison signed pre-printed Probation Orders provided by JCS in blank before court, and JCS's probation officer, Lisha Kidd, completed the Orders afterward based on the Judge's notes on the ticket. (Doc. # 158 at 99-100). Judge Atchison wrote the fine amount on the back of a defendant's ticket, signed it, and the ticket was given to JCS. (Doc. # 183-47 at 535-36). The Probation Orders were three-part forms: one copy for the court, one for JCS, and one for the defendant. (Doc. # 158 at 99). Following the court session, Magistrate Seale reviewed the tickets and the Probation Orders to make sure the information matched. (Doc. # 183-1 at 100-01).
The Probation Orders specified the amount of the fine imposed and the required monthly payments. (Doc. # 183-11). A probationer also indicated on the pre-printed Orders if they waived the right to counsel. (Id.). The Orders instructed that the probationer was to "make a full and truthful report to your probation officer as instructed" and pay JCS "$35.00 for each month on probation" and "a one time $10.00" charge. (Doc. # 183-11). When a probationer paid off his or her fine and fees, probation ended. (Doc. # 183-8 at 125-26). Judge Atchison occasionally referred a defendant who submitted a substantial hardship affidavit to probation with JCS, but instructed JCS to waive their fees for that individual. (Doc. # 160 at 28-29). However, the Rule56 evidence indicates that procedure was not followed with respect to Plaintiff Woods. (Docs. # 165 at 13-14, # 183-8 at 128-29).
In 2011, Judge Atchison ordered that all individuals on probation attend a compliance hearing ninety days after their initial appearance. (Docs. # 183-1 at 90-91, # 146-47, # 183-46 at 130). At the compliance hearing, Judge Atchison established a date certain for full payment. (Doc. # 183-46 at 134). A revocation hearing was then set for a future date. (Doc. # 183-46 at 134-35).
JCS kept the court informed regarding the status of probationers' payments and appointments with their probation officers. (Docs. # 66-7, # 66-1, # 66-12). When a probationer missed a payment or a meeting, JCS attempted to contact the probationer using the numbers provided. (Doc. # 183-46 at 233-34). If a probationer failed to appear for a meeting after a telephone call, JCS sent a letter. (Id. at 233-34). JCS informed probationers that if they continued to miss appointments or payments, they could be jailed. (Doc. # 183-27 at 17, 302-03).
Where offenders repeatedly failed to meet with JCS or make the required payments, JCS informed Magistrate Seale and/or prepared a petition to revoke the probation informing the court of the missed appointments and/or payments. (Docs. # 183-46 at 131-32, # 183-28 at 10, 15). After receiving non-compliance information from JCS, Judge Atchison decided whether to revoke probation. (Docs. # 183-7 at 19-20, # 183-46 at 131-32). For a period of time before mid-2012, when Shelby County Judge Harrington issued a scathing order regarding the Harpersville municipal court, JCS provided notice of court hearings to probationers. (Doc. # 183-1 at 83). At some point after June 2012, the court began to issue summonses for probationers to report for compliance hearings. (Doc. # 183-1 at 83-85). After that time, notices of court dates all came from the court. (Doc. # 183-27 at 283).
Occasionally, JCS requested that the court issue arrest warrants for non-compliance. (Docs. # 66-7, # 66-10, # 66-12). The warrants were issued by either Judge Atchison or Magistrate Seale. (Docs. # 183-1 at 21-22, 78, # 183-7 at 67-68). The bond amount was set at the time a warrant issued by a state-issued schedule. (Doc. # 183-1 at 21-22). JCS policy did not allow payments from probationers on warrant status. (Doc. # 183-50 at 512-13).
Magistrate Seale generally conducted bond hearings for arrestees within forty-eight to seventy-two hours of arrest. (Doc. # 183-1 at 24-25). At the bond hearing, she or another magistrate discussed the charges, the required bond, the defendant's rights, and the potential need for an attorney to be appointed for the defendant. (Doc. # 183-1 at 27-28). The factors Magistrate Seale covered during the bond hearings are listed on a standard form issued by the state. (Doc. # 183-1 at 27-28). At the bond hearing, the standard bond amount can be reduced. (Doc. # 183-1 at 24).4 Judge Atchison determined whether to award credit against fines and fees for time served in jail. (Doc. # 183-1 at 272-73). As a general rule, Judge Atchison awarded a $20 credit per day spent in jail against the amount of a fine. (Doc. # 183-1 at 272-73).
Plaintiff Hali Woods's employment history was sporadic because she was unable to make enough money to cover...
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