Trump DOJ paused civil rights cases in Louisiana, South Carolina

The Trump administration halted litigation aimed at addressing civil rights abuses of prisoners in Louisiana and mentally ill people living in South Carolina group homes. The Biden administration had filed lawsuits against the two states in December following Department of Justice investigations that concluded they had failed to fix violations despite years of warnings.

Louisiana Prison System Violations

Louisiana’s prison system has kept thousands of incarcerated people behind bars for weeks, months, or even more than a year after their release dates. Records show this practice has persisted for years. The Department of Justice accused South Carolina of institutionalizing thousands of people diagnosed with serious mental illnesses, sometimes for decades, rather than providing services that would allow them to live in less restrictive settings, as is their right under federal law. Federal judges temporarily suspended the lawsuits in February at the request of the states and with the support of the DOJ.

Administration Retreat from Civil Rights Enforcement

Civil rights lawyers monitoring the cases view the move as another sign of the Trump administration’s retreat from the department’s mission of protecting vulnerable groups. Since January, the Trump administration’s DOJ has dropped racial discrimination lawsuits, abandoned investigations of police misconduct, and canceled oversight of troubled law enforcement agencies.

The cases against Louisiana and South Carolina were brought by a unit of the DOJ’s Civil Rights Division tasked with enforcing laws that guarantee religious freedom, access to reproductive health services, constitutional policing, and the rights of people in state and local institutions. This unit, the Special Litigation Section, has seen a dramatic reduction in lawyers since Trump took office. Court records show at least seven attorneys working on the lawsuits against Louisiana and South Carolina are no longer with the DOJ. The section had more than 90 employees at the start of the year, including about 60 front-line attorneys. By June, it had about 25, including around 15 front-line lawyers. Some were reassigned, while others quit in protest, found new jobs, or took early retirement. Similar departures have been seen throughout the DOJ.

Impact on Civil Rights Enforcement

The exodus of personnel will hamper the DOJ’s ability to carry out essential functions, such as battling sexual harassment in housing, discrimination against disabled people, and the improper use of restraints and seclusions against students in schools. A department spokesperson declined to comment on the Louisiana and South Carolina cases. Sources familiar with the lawsuits said Trump appointees have told DOJ lawyers handling the cases that they want to resolve matters out of court. Assistant Attorney General Harmeet K. Dhillon, Trump’s appointee to run the DOJ’s civil rights division, has expressed distaste for consent decrees, agreements that set requirements to fix civil rights violations and are overseen by an outside monitor and federal judge. In May, Dhillon announced she was moving to dismiss efforts to impose consent decrees on the Louisville, Kentucky, and Minneapolis police departments.

The Case of Robert Parker

Among those held longer than they should have been in Louisiana was Robert Parker, a disc jockey from New Orleans. Parker was supposed to be released in October 2017 but was mistakenly classified as a sex offender. He spent 337 extra days behind bars, during which time he lost his car, his mother died, and his reputation was damaged. Louisiana’s detention system relies on complex communication between court clerks, sheriff’s offices, and the state department of corrections. Historically, prisoner sentencing information was transferred via paperwork, often resulting in delays and errors. While a new website has been implemented to improve information sharing, attorneys handling lawsuits against the state expressed skepticism about claims that the problem has been resolved, citing ongoing instances of over-detention. Louisiana Attorney General Liz Murrill acknowledged the state’s process was unreliable but claimed the issue had been overblown.

South Carolina’s Treatment of the Mentally Ill

The DOJ investigation determined that South Carolina illegally denied community-based services to over 1,000 people diagnosed as seriously mentally ill, instead placing them in restrictive group homes. These facilities often lack adequate care and are frequently roach-infested, soaked in urine, and staffed by untrained employees. Some patients were not allowed to leave or freely move around, leading to a deterioration of their mental health. South Carolina has been on notice about these issues since 2016. State lawmakers recently passed a law consolidating services for disabled people into a new agency. South Carolina’s attorney general has argued in the DOJ’s lawsuit that the state has been providing necessary services. Kimberly Tissot, president of Able South Carolina, warned that dropping the case would undermine the enforcement of disabled people’s civil rights and allow state abuses to continue.