Louisianans Illegally Kept in Prison Win Bolster from DOJ Lawsuit

Justice Department sued State of Louisiana for incarcerating people beyond their release dates

Late Friday, the U.S. Department of Justice (DOJ) announced its federal lawsuit against the State of Louisiana and Louisiana Department of Public Safety and Corrections (LDOC) for the unlawful and systemic overdetention of incarcerated people in violation of the 14th amendment. The filing follows a years-long DOJ investigation (summarized in a 2023 report) that found LDOC annually incarcerates thousands of people beyond their legal release date.

“Louisiana's routine practice of holding people in prisons after they've earned their freedom is a brutal affront to Louisiana law, the Constitution, and basic human rights,” said Samantha Kennedy, Executive Director at the Promise of Justice Initiative.

Brian Humphrey, lead plaintiff in PJI's lawsuit, Humphrey v. LeBlanc, was released from his incarceration by judge in Bossier Parish on April 16, 2019, after completing his sentence. Humphrey prepared to be free that same night, but for reasons that remain unclear, he was not released. Instead, the local sheriff transferred him to a state-run work camp for incarcerated people, where he was made to work until May 13, 2019 - 27 days beyond his release date.

"Every year, Louisiana keeps locked up thousands of people who have already served their sentences,” said Lydia Wright, Associate Director of Civil Litigation at the Promise of Justice Initiative. “It's no great mystery how to release people on time. Nearly every other state has adopted modern time computation systems and data practices, including those as simple as sending PDFs via email. But Louisiana has chosen inaction, time and again. It's textbook deliberate indifference to the incredible damage that false imprisonment causes to individuals, families, taxpayers, and basic faith in the justice system." 

For the past four years, attorneys at the Promise of Justice Initiative, along with Most & Associates and Loevy & Loevy, have been litigating two class action lawsuits against the State to stop overdetention: Humphrey v. LeBlanc and Giroir v. LeBlanc. The cases were consolidated for discovery, and scheduling conferences are set for January 2025.

"We are so glad to have the Department of Justice bring its resources to bear on this massive violation of human liberty and taxpayer money,” said William Most of Most & Associates, a Louisiana civil rights attorney.

“Overdetention is just one example of the State’s indifference toward the constitutional protections of its citizens and fundamental rights of freedom and autonomy,” said Kennedy. “We've been able to show that Louisiana denies even minimal medical care to those in prison and forces incarcerated people to work in a dangerous and degrading farm plantation system without any concern for their wellbeing.

PJI is also leading class action lawsuits against the State and LDOC for deficient medical care (Lewis v. Cain now Parker v. Hooper) and forced farm labor (VOTE v. LeBlanc) at Angola.