The American Civil Liberties Union of Arkansas filed a federal lawsuit Monday alleging the state’s parole revocation procedures violate due process rights and fail to accommodate parolees with disabilities.
The lawsuit claims Arkansas’ post-prison transfer policies deny parolees access to legal counsel and that parole officers pressure individuals to waive their rights without fully explaining the consequences.
“Arkansas is sending people back to prison through parole revocation proceedings that are fundamentally unfair and unconstitutional,” said John Williams, legal director of the ACLU of Arkansas.
The complaint also alleges violations of the Americans with Disabilities Act, saying parolees are not provided proper accommodations, including access to medication, to participate in hearings.
A spokesperson for Attorney General Tim Griffin said the office is reviewing the lawsuit and will “vigorously defend the State.”
The ACLU filed the suit on behalf of four plaintiffs Calvin Davis, Todd Fason, NeDraya McGowan and Robby Riedel who were on parole when recently arrested and now face possible revocation.
The group is seeking a temporary injunction and class-action status to include all adult Arkansas parolees who could face revocation.
Current regulations allow parolees to hire an attorney but state they do not have the right to a court-appointed one. The lawsuit alleges many parolees are returned to prison through a process that is “deeply unfair.”
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