Tag: Just City

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Grants Boost Community Organizations in Housing and Justice Reform

Photo by Tingey Injury Law Firm on Unsplash

Grants totaling $475,000 will allow three community-focused organizations to expand their work in justice reform, landlord accountability, and structural barriers in housing, while also dispelling myths about who these issues affect.

The funding is a result of an initiative of Community Foundation of Greater Memphis (CFGM) to tackle housing reform and inequities, and marks a “radical reimagining” of its grant making process.

The grantees are The Greater Memphis Housing Justice Project ($165,000), Just City ($100,000), and Memphis Interfaith Coalition For Action and Hope (MICAH) ($210,000).

Aerial Ozuzu, director of community impact for CFGM, said the organization went through a rigorous consulting and strategic planning process from January to April of 2023. As a result, the organization’s consultants touched on themes of funding equity, exploring collective impact, and property usage of community data to name a few, Ozuzu said.

“The committee decided early on that they didn’t want to take a Band-Aid approach and offer short-term relief,” Ozuzu said. “While meeting the immediate needs of our community will always be essential, it tends to be a safe and conventional method that only leads to incremental change at best.” 

CFGM decided to tackle these issues, which resulted in its Reforming the Housing and Justice Systems grant initiative. The committee reviewed applications in late 2023, and considered solutions that would lead to “a more fair, thriving, and resilient region for all.” Out of 66 applicants, the grantees were narrowed down to the three organizations.

“These are organizations that are uniquely addressing root cause issues of housing injustice,” Ozuzu said. “They are taking an unconventional approach to making change in our community. They are also organizations that hold community trust.”

Ozuzu said since this is a new approach for CFGM, they are on a learning journey with their grantees. However, she added that they are investing in these organizations to do the work they’ve been doing for a majority of their existence.

Gisela Guerrero, lead organizer of MICAH; Josh Spickler, executive director of Just City; Jamie Johnson, Memphis Public Interest Law Center; and Shirley Bondon of the Black Clergy Collaborative of Memphis met to discuss their work and how they plan to tackle their respective issues during the Community Foundation Annual Meeting and Grant Panel in May.

Ozuzu mentioned that while certain systems are important, they can sometimes pose “inequities and problems” due to the way they have operated for years. Part of the work that these agencies are doing to tackle these inequities are by specializing in specific sectors such as court and policy.

Bondon added that the government systems are failing both the city and county and Spickler emphasized the failures of the justice system. Guerrero emphasized MICAH’s focus on tackling justice and equity regarding education, economics, and race and class. 

“It feels like there are so many things that are happening,” Guerrero said. “There are so many systems that could be better, that could be improved and are creating so much harm, but we believe is if we can narrow it down, or focus on a few, we can make some better progress that way.

The participants also discussed certain misconceptions about their approach to their work such as the idea that Just City “refuses to acknowledge that some people should be taken out of society,” and that MICAH and The Greater Memphis Housing Project “are against property owners and anti-development … they all just aim to agitate without providing solutions.”

“I have a lot of confidence that years from now, we’re going to find out these were the right decisions,” Spickler said regarding Just City’s work. “We’ve got to be very careful in these days ahead that we don’t undercut some really important rights, and that’s what we’ll be working on over the next few years.”

Bondon said the misconceptions they hear the most is that “renters are all bad” and “landlords are all bad.” While she said this isn’t true, she acknowledged that there is an imbalance of power. 

“There is this perception that ‘good enough’ is fine for the poor,” Bondon said. “It’s not … You have to understand the imbalance, and we hope to balance those scales. We want renters and landlords to balance — want equity.”

Ozuzu said the organizations have received their first year’s funding. She added that while this is a new way of doing things, it provides a different way of looking at how to implement change in Memphis.

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Groups Advocate for Big Changes in Youth Justice System

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A consortium of organizations want systemic changes in the youth justice system and have formally requested a meeting with Shelby County Sheriff Floyd Bonner to address them.

The Black Clergy Collaborative of Memphis (BCCM) announced on Wednesday that they, along with nine other organizations, delivered to Bonner seeking his help to develop a new plan to address issues they see in the system. The consortium includes Stand for Children – Tennessee, Gifts of Life Ministries, Whole Child Strategies, Just City, Shelby Countywide Juvenile Justice Consortium, The Equity Alliance, Memphis for All, Memphis Interfaith Coalition for Action and Hope (MICAH), and Youth Justice Action Council (YJAC).

The biggest concern for the group is that the Shelby County Youth Justice and Education Center has not allowed in-person visitation for several years. they also said youth are not receiving an education that parallels mainstream public school; they are not allowed time outdoors; and research and advocacy organizations are not allowed time with detained youth.

The groups say the youth justice system should “balance accountability with rehabilitation,” and that those who are detained should “ receive appropriate care, education, and support during their involvement with the legal process.”

The wellbeing of detained youth is dependent on community collaboration, they said, and they are “eager” to develop a plan focused on “youth adolescent development and their strengths.”That plan should include data, research, and evidence-based practices, they said, something missing now.

“Unfortunately, some organizations gathering data and performing research have been denied access to youth in detention who have lived experiences that can inform the plan that will help youth avoid interaction with the justice system and prevent them from returning if they have already been involved,” the groups said.

A report from the Disability Rights TN and Youth Law Center says “logistical and cost barriers” often stop families from visiting their children while they’re detained. The advocacy consortium listed a variety of other reasons like transportation burdens and phone restrictions that also have proved to be hurdles to visitation.

“Parents literally cannot parent their children, not because they don’t want to, but because the juvenile justice system erects barriers that make it virtually impossible to do so,” the report said.

The report from the law center also says detained youth “ are not receiving an education that parallels mainstream public schools and holds them to the same academic standards.”

“Receiving appropriate education ensures that youth eligible to return to school after release will be prepared to succeed in mainstream public schools and will not be further marginalized,” the groups said. “Youth who do not return to public education should have the tools to pursue a productive life after detention. “

The organizations requested that Bonner respond with his availability by this week. It was unclear if the meeting has been scheduled.

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New Just City Court Watch Report Urges Judges To Be More ‘Sensitive’ and ‘Neutral’

Photo by Tingey Injury Law Firm on Unsplash

The latest observations from Just City’s Court Watch report say that while most of Shelby County’s judges are accessible, many need to work on their ability to “treat both the accused and the victim with dignity,” as well as with sensitivity.

Just City is a Memphis-based nonprofit that works for criminal justice reform. Its Court Watch is a project that aims to bring “transparency and accountability to the county’s criminal legal system” and reduce barriers to justice.

“We do that by publishing these reports to provide a glimpse into what happens at 201 Poplar daily,” said the organization.

Just City’s “Court Watch” report is composed of observations from volunteers, who watch and evaluate the judges in the criminal courtrooms. Judges are scored on a scale from one to four, with one being the worst and four being the best.

“This report, which combines court watch and data analysis, provides an overview of the performance of judges in Criminal and General Session courts at 201 Poplar Avenue since September 2022,” said Just City.

Some of the group’s key findings concluded that most judges received lower scores in sensitivity and neutrality. Their findings also raised concern surrounding extended duration cases and the “frequency of dismissed cases.”

When evaluating judges, volunteers are asked to consider questions such as “Did the judge give the appearance of neutrality?” and “Did the judge handle each case with the sensitivity warranted?”

After receiving 10 rubrics from the judges that the group focuses on, they begin compiling that information into their latest report. In the current report, volunteers observed judges Paula L. Skahan, Carolyn Wade Blackett, Jennifer J. Mitchell, Bill Anderson Jr., and Louis J. Montesi Jr.

Skahan received high marks in accessibility and “ability to hear,” with her lowest scores being in timeliness and sensitivity. Volunteers noted that Skahan was “kind, but firm” and “demonstrated genuine concern for people in her courtroom.” However, volunteers also believed that Skahan can improve on her sensitivity, and that she should be “less condescending.”

Volunteers noted that Blackett “runs an efficient, fast paced courtroom,” and applauded her clear communication skills. They also remarked that Blackett was “responsive to defendants who had questions.” While Blackett received high scores in accessibility, and neutrality, her lowest score was regarding appointment of a public defender. Volunteers also believed that Blackett could improve on her interactions with defendants and her sensitivity.

Mitchell scored high in neutrality and accessibility, with comments noting her ability to be “conscientious of defendants needing to return to jobs” and her ability to provide “thorough explanations.” According to volunteer scoring, Mitchell scored lowest in timeliness with comments saying she “could be more efficient getting through her docket.” They also urged Mitchell to “take less phone and coffee breaks.”

Judge Anderson is recorded as having a “great handling of courtroom,” and volunteers took note of his decision to “take times to explain things.” However, a former client noted that he could be “less condescending” and should “allow for second chances.”

In terms of a lasting impression, however, volunteers also said “at times it felt like the prosecutors had more control of the courtroom than the judge,” and that he could “make better use of his time.”

A former client also noted that court under Montesi was “very efficient and organized,” while volunteers said he excelled in having “clear communication in layman’s terms.” However, Montesi was urged to “treat Black and white defendants equally.” The report also said they observed that Montesi seemed to have a “mean demeanor towards everybody.”


The full report can be viewed here.

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Just City’s ‘Court Watch’ Grades County Judges

Photo by Tingey Injury Law Firm / Unsplash

Some of Shelby County’s criminal court judges “need to be more professional” and “less condescending,” according to Just City’s recent “Court Watch” report. 

Just City is a Memphis-based nonprofit that works for criminal justice reform. Its Court Watch is a project that aims to bring “transparency and accountability to the county’s criminal legal system” and reduce barriers to justice.

Though most of the judges were commended for their ability to “explain things well,” each of the four judges observed had attributes that volunteers believed they could improve on. Responses ranged from professionalism, tone, and overall courtroom energy.

Just City’s “Court Watch” report is composed of observations from volunteers, who watch and evaluate the judges in the criminal courtrooms. Judges are scored on a scale from one to four, with one being the worst and four being the best.

The rubric consists of questions such as “Did the judge give the appearance of neutrality,” “Were both the accused and victim treated fairly,” and “Did you have any issues getting in.”

While all four judges seemed to receive a four in “access,” this is the only place where all judges received a consistent high score.

Judge Lee V. Coffee scored relatively high in most areas, however his lowest score was in “ability to hear.” Coffee was commended on his ability to explain things thoroughly and his ability to control the courtroom. However, Just City volunteers believe that Coffee should “have more interaction with people,” and “give people more chances.” Coffee scored the highest out of the four judges in “timeliness.”

In terms of neutrality, Judge Chris Craft received the lowest score out of the judges being observed. While volunteers said that Craft was “friendly” and “efficient,” they also believe that Craft needs to “change his attitude.” A former client said that “he was repeatedly all over the place and disorganized.” Volunteers also observed that Craft was “blatantly disrespectful,” and that he “performs his job like he’s running a circus. Or a slaughterhouse.” 

The report also said that Craft “heavily factors race into his decisions and uses racially charged language.”

Judge Karen L. Massey received the highest score in “ability to hear,” with volunteers saying Massey “talks to you and not ‘at’ you,” and that “she’s a good listener.” Massey received lower scores when it came to her sensitivity and timeliness. A former client said “she can work on being on time, I never knew when I’d get out.” Another former client said that Massey can “work on her professionalism.” Volunteers said that Massey “has a very abrasive tone towards defendants,” and that she is “inconsistent in the way that she deals and judges individuals.”

Volunteers believe that Judge S. Ronald Lucchesi could be more consistent and can improve on expanding public defender appointments. On the report, Lucchesi is quoted as saying “ If you want a public defender, I can throw you in jail for a few days so you can qualify in this court.” While former clients believe that Lucchesi is fair and honest, others said that he needs to be more professional. Lucchesi is also noted as being inflexible and “either really kind, or really harsh.”

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New Bail System Unveiled Here Hailed as One of the “Fairest in the Nation”

(Credit: Matthew Ansley on Unsplash)

A new system unveiled here Thursday will transform the bail process in Shelby County next year, and advocates call the new process “one of the fairest in the nation.”

The new system comes after criminal justice reforms advocates like Just City, The Wharton Firm, the Official Black Lives Matter Memphis Chapter, and the American Civil Liberties Union of Tennessee (ACLU-TN), threatened to sue local officials late last year if the county did not stop bail practices “that violate the constitutional and statutory rights of people arrested in Shelby County,” a news release from the ACLU-TN said Thursday. 

The groups entered a mediation process with the county. They agreed to a new $2-million courtroom for bail hearings, promised in a resolution from the Shelby County Commission. With that promise in hand, Shelby County General Sessions Court Judges recently signed a new standing bail order for the county, an agreement that will set a new path for bail here when it goes into effect in February 2023.  

In the current system, judicial officers reach for money bail nearly 77 percent of the time, according to Josh Spickler, executive director of Just City. They do this even though state law mandates using money bail only as a last resort. The new system will help set bail on a case-by-case basis that could include no bail, lower bail, home monitoring, or even an unaffordable bail to keep someone in place to ensure a court appearance. 

In the new system, once a person is booked in to the Shelby County Jail, they’ll be interviewed by an official from Shelby County Pretrial Services. They’ll use a financial assessment tool to determine “an amount that is financially affordable for the individual,” reads the order. 

Within 12 hours of detention, a Judicial Commissioner will evaluate the person to see if they can be released on their own recognizance (meaning no money bail needed but a promise to appear at their court date), if they should be released with no money bail but with conditions (like at-home monitoring), or with money bail. 

A bail hearing with counsel will then be set in the new bail hearing courtroom to take place usually within the first 48 hours of detention and not to exceed 72 hours. Under the current system, a person could be held for weeks or longer without a bail hearing with counsel. 

The ACLU-TN said under the current system, “most people never had a bail hearing at all, ability to pay was not considered when bail was set leaving those who could not afford to pay detained indefinitely even if they were not a flight or safety risk, while those who faced the same charges but could afford to pay money bail were freed until trial.”

Numerous criminal advocacy groups, politicians, and individuals praised the move.

Here’s what they said: 

Andrea Woods, staff attorney with the ACLU Criminal Law Reform Project 

“With these changes, Shelby County has the opportunity to be a national leader for pretrial justice. These much-needed improvements are a testament to the power of local officials, advocates and community members working together to solve a problem. We applaud the county’s collaboration and leadership in ensuring that no one is needlessly confined to a jail cell, that everyone awaiting trial receives fair treatment, and that community well-being is supported through alternatives to incarceration.”

Josh Spickler, executive director of Just City

“Bail reform advocates from around the country are looking to Shelby County as an example of how a community can realize meaningful reform when forward-thinking leaders decide to collaborate instead of litigate. The entire Shelby County Commission, Mayor [Lee] Harris, and countless members of his administration rallied around this opportunity. We will soon have a smaller jail population, safer streets, and significant cost savings as a result.”

Stella Yarbrough, ACLU-TN legal director

 “Shelby County has taken a huge step away from wealth-based incarceration and toward a transparent system rooted in due process. This new bail system not only brings the county in line with the [U.S.] Constitution, it establishes one of the fairest bail systems in the nation, yielding an immense, positive impact on countless people’s lives.”

Alexander Wharton of The Wharton Law Firm

“I am pleased to have participated in a process where all interested parties and voices participated in changing our current bail setting system to comply with state law and the principles of the U.S. Constitution. This is an example of the ability of all parties working together to help solve problems within our system.”

Shahidah Jones of the Official Black Lives Matter Memphis Chapter

“As an abolitionist organization, we are cautiously optimistic about what this means as we move forward with implementation. We are most excited about the ability to collect data and to actually provide transparency about what happens within our current justice systems.”

Shelby County Attorney Marlinee Iverson

“Shelby County and its officials are invested in ensuring that every arrested person who enters the criminal justice system receives adequate constitutional protections and a fair process. The new bail hearing system reflects the commitment of local leaders, including Mayor Lee Harris and Chief Public Defender Phyllis Aluko, to equal treatment for all residents, regardless of their income.”

Willie Brooks, chairman of the Shelby County Board of Commissioners 

“The Shelby County Board of Commissioners unanimously approved changes to the bail system in order to promote equality, public safety, and to reduce the high costs of unnecessary pretrial incarceration. These forward-looking solutions reflect growing evidence that supportive interventions, rather than incarceration, promote positive outcomes in most cases.”

Shelby County District Attorney General-elect Steve Mulroy

“I look forward to working in support of these groundbreaking reforms and ensuring that my office only seeks money bail where needed for public safety. Pretrial detention should be the exception, not the rule.”

Louis Montesi, Presiding Judge General Sessions Criminal Court

“The judges of the General Sessions Criminal Court of Shelby County are proud to be a part of the bail reform changes to establish and ensure a fair, just, and equal system for pretrial release for persons charged with crimes with proper consideration for the presumption of innocence, due process of law and public safety.”

Marquita Brown, representative of the Official Black Lives Matter Memphis Chapter

“I am the supportive services lead for the people that are bailed out by our organization. My job is to assist with acquiring legal counsel, transportation to court dates, and stabilization. Reform was necessary to stop bail practices that violate the constitutional and statutory rights of people arrested in Shelby County. 

“These reforms are a great place to start, as this process institutes counsel for the individual and also speeds up the process by providing a bond hearing within 72 hours. The assistance of the bail calculator to determine what an individual can afford is also very important because all of the people we bail out cannot afford the full bail or the 10 percent that most bond companies require. This is an exciting moment in Shelby County history and I am looking forward to future changes.”

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Letter From The Editor Opinion

Letter from an Editor: Criminal Justice Reform IRL

Steve Mulroy (Photo: Steve Mulroy, Shelby County District Attorney Elect / Facebook)

Once again, I have no opinions to share professionally. So I’m learning instead.

Steve Mulroy is set to be sworn in as Shelby County’s next district attorney general next week, after winning the seat in this month’s election and naming his transition team last week. Folks are chattering and wondering about what some of Mulroy’s “progressive” ideas on criminal justice will look like off the chalkboard and applied every day in Shelby County. I wanted to know, too, so I asked for professional help.

Josh Spickler, executive director of the criminal reform advocacy group Just City, is a member of Mulroy’s transition team. He has seen firsthand how the system works now and how we might see some of Mulroy’s ideas applied in the real world.

Memphis Flyer: What will some of the changes look like in reality?

Josh Spickler: The first thing to note is what’s not going to change. Steve is going to prioritize public safety and he is going to prioritize violent crime in this community. Steve campaigned on that, and everything he is doing and saying since the election is about that.

In terms of reforms and some of the day-to-day, visible changes, I think you’ll very quickly see, because of some good fortune and some timing, a bit of a different approach in pretrial detention with regard to the use of money bail. Steve campaigned on his willingness and desire to reform that.

Last week, the [Shelby County General Sessions Criminal Court] judges signed a standing bail order, which is really big news. I’m a bit biased, but it’s one of the best standing bail orders — definitely in Tennessee, maybe in the country. A standing bail order is a plan put in place and agreed upon by all judges in a jurisdiction. So, all of our General Sessions judges — who are the ones, mostly, in charge of how bail gets set — they’ve agreed to significantly change the way they do it. They agreed to have meaningful hearings any time unaffordable bail is being considered as the only means of protecting the community and ensuring the appearance of someone accused of a crime. They have agreed to have attorneys for both the state and the accused present at those hearings.

That’s where Steve’s office comes in right from the beginning. When he takes office, he is going to have a new responsibility with regard to setting bail. Steve has said in his campaign that he believes fewer people should be held on unaffordable money bail. So, if Steve and his assistant DAs follow through on his campaign promise, we’ll begin to see that in those bail hearings. Fewer people will be held in our jail simply because they can’t afford freedom. That’s a big one.

So someone commits a crime, is held in jail until an arraignment hearing, and is just released — with no bail — until their court date?

It will be based on what is best for the community and what a judicial commissioner decides is best for that person at the time. That will be determined after a hearing, which is something we don’t do currently. Currently, we are not considering all of the required factors and are defaulting to bail — a seemingly arbitrary dollar amount — almost 76 to 77 percent of the time in this current system when state law says the first thing that should be considered is release.

What other reforms will we begin to see IRL?

Steve has also committed to a Post Conviction Justice Unit. He won’t call it that [because] … he’s not just going to look at convictions … looking for wrongful convictions, like looking to overturn something [perhaps] with DNA, for example. Steve has pledged to also look at sentences that may be inappropriate, that might be far too punitive.

Anything else?

On racial disparities, he’s pledged to not only build an office that looks more like Shelby County, but to also understand why it is that outcomes continue to be different for people of color versus white people.

These areas will be his focus. There’s plenty of evidence to suggest that all of that leads to safer, healthier communities, and that’s the ultimate priority. Hopefully, any DA’s priority is to keep us safer, and that’s what Steve is going to do.

The Memphis Flyer is now seeking candidates for its editor position. Send your resume to hr@contemporary-media.com.

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Groups Threaten Lawsuit On Money Bail Reform

Credit: Shelby County Jail/Facebook

Several groups called Shelby County’s money bail system unconstitutional in a letter issued Tuesday and urged leaders to meet with them about the practice or face a lawsuit by year’s end. 

The letter is from the American Civil Liberties Union (ACLU), the American Civil Liberties Union of Tennessee (ACLUT-TN), Just City, and The Wharton Law Firm. It paints a picture of a broken system that favors those with money to get out of jail and disproportionately affects poor, Black, and disabled detainees.    

“Jailing people simply due to their inability to afford a sum of money is unconstitutional and harmful public policy,” said Andrea Woods, staff attorney with the ACLU’s Criminal Law Reform Project. “Shelby County officials should embrace this opportunity to remedy the county’s discriminatory, wealth-based detention practices. We would rather see smart systems fixes now than be forced to bring these issues to court.”

The letter says pre-trial release is a fundamental right under the state and federal constitutions. Tennessee law requires judges to treat money bail as a “last resort,” it says. Except for “extreme circumstances,” all criminal suspects have the right to some sort of conditional release from jail before their trials. 

Shelby County’s system, however, keeps “hundreds of people” detained because they cannot afford bail. This can lead to loss of employment, housing, education, health care, and child custody, the groups said. 

The county’s current pre-trial system can hold a person for “weeks or longer” without a bail hearing with counsel, according to the groups. Ability to pay is not considered when bail is set, “leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk, while those who face the same charges but can afford to pay money bail are freed until trial.”

“Because of this community’s dependence on money bail, the Shelby County Jail is full of people who cannot pay for their freedom,” Josh Spickler, executive director of Just City, said in a statement. “There are proven alternatives to this counterproductive system, tools and policies that have worked in other cities just like Memphis to reduce crime, save money, and help people.

“These methods work, but they require leadership. Today, we are inviting Shelby County leaders to join us for a long-overdue conversation about safe and effective alternatives to the money bail system. We hope they’ll join us.”

The letter threatens litigation and demands reform for the county’s bail system. It says the groups “prefer to work with you to resolve our concerns but stand ready to explore other options” if the county does take action. 

That action — an answer to a meeting request from the groups — needs to take place before December 31st. If not, “we have no choice” but to file a lawsuit.  

“We cannot and will not sit idly by and let this easily corrected problem persist,” reads the letter. 

Instead of the current system, which the letter says “does not promote court appearance,” the groups want (among other things):

• bail hearings no later than 24 hours after a person’s arrest

• no money bail set unless proof exists that the person will not return for trial without it

• a consideration of ability to pay for bail before it is set

• affordability for bail means the person can pay the bail amount within 24 hours without borrowing money

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Politics Politics Beat Blog

Judge Lipman Oversees New COVID Protections for Jailed Inmates

Shelby County Criminal Justice Center at 201 Poplar Avenue

It isn’t a Get Out of Jail card, but it’s one of the next best things. On Friday, US. District Judge Sheryl Halle Lipman of Tennessee’s Western District approved an agreement between civil rights advocates and the Shelby County Sheriff’s office that will improve health conditions in jail and protect people from the ravages of COVID-19.

Judge Lipman

The agreement guarantees that the jail will implement rigorous monitoring and reporting; additional jail inspections; improved airflow and ventilation measures to keep people safe from airborne transmission of COVID-19; better quality protective equipment for people being detained in the jail; continued efforts to expedite release for those who are disabled and medically vulnerable; improved social distancing; and other enhancements that will better protect people living and working in the facility.

Judge Lipman  stated from the bench that she believed it to be in the community’s interest to stop the spread of COVID and that the measures put in place in the facility are designed to do that. She said the point is to get as many safety features into the jail as possible and keep detainees as safe as possible. She went on to say that containing the spread of coronavirus helps within the community as well as in the facility, and that the effort put in to reach and protect the safety of the detainees is in the public interest and critically important.

The agreement was reached in a lawsuit filed by the American Civil Liberties Union of Tennessee; the American Civil Liberties Union Foundation; Just City; Paul, Weiss, Rifkind, Wharton & Garrison; and Memphis attorneys Brice Timmons and Steve Mulroy on behalf of people incarcerated at the Shelby County Jail.

The lawsuit followed a court order that urged the jail to address numerous public health lapses identified after two expert inspectors — one appointed by the court —  issued reports expressing alarm at the tactics employed at the jail to contain the virus. Among the  conditions the inspectors uncovered at the jail were a failure to test new arrestees, even those clearly displaying COVID-19 symptoms; open airflow between areas of the facility where COVID-positive and quarantined people were detained and areas where others not yet exposed to the virus were detained; a lack of fresh masks; staff members wearing masks below their chins when speaking; and inadequate availability of cleaning supplies, hand sanitizer, and soap.

Among the plaintiffs in the case at high risk of serious illness or death from contracting  contract COVID-19 were several  pretrial detainees — one with progressive multiple sclerosis and heart disease dependent on an immunosuppressant; another with diabetes and hypertension; and another with hypertension and an irregular heartbeat, who previously had a heart attack. 

These plaintiffs had alleged that the jail temporarily made improvements to certain conditions in anticipation of forthcoming  inspections by a court-appointed inspector and knowingly allowed those improvements to lapse shortly after the inspections occurred, putting the lives of those who live and work at the facility at risk.

“This case and agreement shine a light on conditions in the Shelby County Jail and how officials there are responding to the COVID-19 crisis,” said Andrea Woods, staff attorney with the ACLU’s Criminal Law Reform Project. “While the work will continue, we applaud the court’s approval and commitment to ensuring that inspections and other monitoring continue until the pandemic is over.” 

“This agreement could quite literally mean the difference between life and death for our clients and many others who live and work at the Shelby County Jail, and in the wider Memphis community,” said Stella Yarbrough, ACLU of Tennessee staff attorney. “Far too many people are held in conditions that daily threaten their health, safety, and human dignity, especially during this pandemic, and we are relieved that conditions at the jail will now be improved.”

Josh Spickler, executive director of Just City, stated, “In Shelby County, the number of presumed innocent people being held in cages is extraordinarily high. This settlement will bring some much-needed accountability to those responsible for their well-being, but the real work is only beginning — we must break our community’s addiction to pretrial detention.”

University of Memphis law professor and former Shelby County Commissioner Steve Mulroy, one of the plaintiffs’ lawyers, said, “This case sparked jail improvements and continued monitoring which would not have occurred without our filing. It’s helped protect the health of thousands of Shelby Countians, most of whom have not been convicted of any crime.”

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Local Groups Weigh In on the Biden Administration

CHOICES’ Comprehensive Care Center

As the Biden Administration begins the long process of unifying the country, local nonprofits are gearing up for the work that needs to be done.

“We’re cautiously hopeful, you know,” says Commute Options program manager Sylvia Crum.

“I don’t know how long it’ll take for it to really start becoming apparent of what impact we will get to see right here in Memphis, but I’m really pleased that the administration is putting climate change on the forefront and saying, ‘We’ve got to do something to address this.’”

Commute Options, a nonprofit that works to promote alternative commuting methods within the city of Memphis, launched a bike commuting training program late last year. The program, which teaches Memphians how to commute through the city using biking or public transportation, is the first of many planned moves by the organization in 2021.

“We’ve been gathering a very lovely group of volunteers who are so excited to think about how we could help — in a safe and socially distanced way — encourage people who might want to try bicycling for transportation and show off the ability to do that.”

The nonprofit health advocate CHOICES has also begun the year strong. Its new comprehensive care center, which opened last fall, has been accepting patients throughout the pandemic, increasing volume in the latter half of 2020. The new center has allowed the group to expand to prenatal care and birth, something that director of external affairs Katy Leopard calls the “last piece of the puzzle”.

“As CHOICES, we wanted to be able to help people no matter what their choices were around a pregnancy. And so, it really makes sense that people needed to have more autonomy and how they give birth and the birth process,” says Leopard. “Having an out-of-hospital birth center environment that’s led by midwives, where people giving birth have more autonomy and choice, was really important to us. It wasn’t available in Memphis or anywhere near us, so we really felt like our community needed that.”

Just City executive director Josh Spickler says that while not much has changed for the organization with the new administration, they are still feeling the effects of the Trump administration.

“For the most part, our issues are pretty local,” he says. “A couple of exceptions would be that at the end of the last administration, there was a rush to execute five or six people. Federal executions had been on hold for years and years, and the Trump administration brought them back knowing that the Biden administration was going to have to work to stop them again.”

“I would hope that the death penalty becomes an issue, at the congressional level,” he adds. “We just don’t have the resources locally, but that’s one thing that I would hope would change because the state of Tennessee has really shown no interest in doing anything.”

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Reformers Urge Release of Many from Jail, Prisons to Stop Coronavirus Spread

Nearly 40 groups — from Redneck Revolt to Black Mama’s Bail Out Knoxville — have asked the Tennessee Supreme Court to release some of those in jails and prisons across the state to stop the spread of coronavirus.

An emergency petition was filed to the court Wednesday. In it, the groups asked the court to supplement its earlier order, which suspended in-person court proceedings. The groups want new rules that would allow many now incarcerated to go free with some restrictions to stop the spread of the disease in Tennessee lock-ups.

Tennessee courts have ultimate control on who is held in these facilities, they said. They also have ultimate control of those people being held.

“In this unprecedented moment in history, those same courts also have a moral obligation to protect the health, safety, and well-being of people detained, because they are unable to protect themselves from exposure to the coronavirus due to the inherent conditions inside jails, detention centers, and prisons,” reads the petition. “That obligation also extends to protecting the health, safety, and well-being of everyone who enters or works within those facilities, as well as the public at-large.”
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Riverbend Maximum Security Prison in Nashville is home to Tennessee’s death row.

The document was formally filed by C. Dawn Deaner, of Nashville’s Choosing Justice Initiative. But it was co-signed by criminal justice reform advocates from across the state and country. Groups from Memphis who signed on included Healthy and Free Tennessee, Sister Reach, Just City, and several attorneys here working with the Tennessee Association of Criminal Defense Lawyers.

Many incarcerated in Tennessee have those underlying health conditions — asthma, diabetes, and hypertension —that the Centers for Disease Control & Prevention has warned come with elevated risks for contracting coronavirus, according to the petition.

While others around the country shelter in place or practice social distancing, that’s not an option for those in jails or prison. The petition said such spaces become “breeding grounds” and “ticking time bombs” during pandemics. The group likened these places to nursing homes or cruise ships where coronavirus “can easily gain a foothold and spread rapidly with devastating consequences.”

For all of this, the groups have asked the court to expand its operations plan to “provide municipal, juvenile, general sessions, trial, and appellate courts of this state, as well as court clerks, sheriffs/jailers, and the Tennessee Department of Correction (TDOC) with specific and immediate directives necessary to reduce the public health threat of COVID-19 for those in contact with Tennessee’s correctional systems and the greater community.”
Shelby County Sheriff’s Office

To do it, the groups want the immediate release of certain people, unless the state can demonstrate that the person’s release would endanger the safety of those in the community and nothing but confinement will mitigate that danger.

They want to see the release of:

• all persons serving a misdemeanor sentence;

• all persons at an elevated risk of contracting COVID-19 and/or experiencing more serious symptoms thereof, either because of age or because of underlying health conditions

• all pregnant people

• all persons confined pretrial who are eligible for release on bail, but remain in jail because they cannot afford to pay a money bail condition or court-ordered pretrial monitoring fees

• all children detained on delinquency charges

• all persons confined on pending probation or parole violation charges

The petition wants criminal citations or a court summons issued instead of arrests for all qualifying people. They want all of those who do not qualify for a citation or summons to be released on their own recognizance, on an unsecured money bail, or under the the supervision of a pretrial services program (and at no cost for those who can’t pay).

The groups want the immediate release from juvenile centers of all children alleged to be delinquent. They want to continue all sentencing hearings for those not in custody if that hearing could result in jail time. They also want to suspend all transfers of children from local jails to the custody of the Tennessee Department of Corrections (TDOC).

They also want to see the release of felons:

• over the age of 50

• who have been granted parole on the condition they complete a program before release

• who have reached their parole eligibility date

• who have less than three years remaining on their sentence

• who have been in custody for 25 years or more

Brushy Mountain State Penitentiary

“Science shows that, within jails and prisons, isolation, segregation, and lockdown are ineffective against COVID-19, and regardless, jails and prisons rarely have the physical space to accomplish these efforts for the existing population,” reads the petition. “COVID-19 can survive in the air, so separation in a facility where there is still other movement of people, and occasional interaction, will not contain it.”

Also, surfaces inside jails and prisons are still touched — cells, bathrooms, kitchens, and many surfaces during transport.

The petition noted that a similar measure was taken earlier this week as the New Jersey Supreme Court ordered lower courts to compute or suspend sentences by people held in county jails.

Kentucky Supreme Court Chief Justice John Minton Jr. urged officials there last week to ”to clear out all of the jail inmates you safely can, ahead of the virus, if you aren’t doing so,” the petition said. Similar measures have been done in Cleveland, Ohio, and Washington, D.C.

“If immediate action is not taken to reduce the population of jails, juvenile detention centers, and prisons in Tennessee, persons detained there will remain at grave and unacceptable risk of contracting COVID-19, which is a serious and potentially life-threatening illness for which no vaccine or cure exists,” reads the petition.