Louisiana
U.S. Department of Justice sues Louisiana over prisoners being held past release dates
The U.S. Department of Justice filed a lawsuit Friday alleging that Louisiana and its correctional department continue to keep prisoners detained far past their sentences.
The lawsuit is aimed at both the state and the Louisiana Department of Public Safety and Corrections for confining incarcerated people for “weeks and months” after their legitimate release dates.
“Every person in the United States, whether incarcerated or otherwise, enjoys certain fundamental rights,” said Kristen Clark, assistant attorney general of the DOJ’s Civil Right’s Division. “Foremost among them is the right to individual liberty. The Founders were keenly aware of the potential abuse of power when government can arbitrarily take away a person’s freedom without a lawful court order specifying the period of their confinement.”
State department of corrections officials could not immediately be reached for comment.
Ongoing problem alleged
In a release, the Department of Justice said its lawsuit comes after a multiyear investigation into allegations of “systemic overdetention” in LDOC’s system.
In a report from January 2023, DOJ made Louisiana aware of the alleged conditions, providing written notice of the supporting facts and what the minimum necessary measures would be to remediate them.
The report was required under the Civil Rights of Institutionalized Persons Act, which also authorizes the DOJ to act when it believes an institution is depriving detainees of their constitutional rights.
“In this context, the right to individual liberty includes the right to be released from incarceration on time after the term set by the court has ended,” Clark said in the DOJ statement.
The lawsuit reportedly does not seek monetary damages, but instead “injunctive relief” to the ongoing conditions in LDOC’s institutions, outlined in the DOJ’s investigation.
The release says Louisiana has made “marginal” efforts to address the problem of overdetention, but the DOJ does not find them adequate, since the problem has allegedly been well-known to Louisiana for a long time.
“To incarcerate people indefinitely, as LDOC does here, not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws. The Justice Department looks forward to proving its case in court,” Clark said in the statement.
A report from the Louisiana Legislative Auditor earlier this year found that the Department of Public Safety and Corrections did not have an adequate review process to ensure changes to release dates are accurately calculated. An agency official said it was the fourth time the auditor’s office had made such a finding.
The corrections department disputed the findings at that time, asserting in a response that its review process was adequate and noting the auditor did not find any errors in the release date calculations it reviewed.
A state lawmaker whose district includes Iberville and nine other parishes will lead the way on the drawing of a new congressional map when the committee convenes Friday.
Sen. Caleb Kleinpeter, R-Port Allen, will chair the hearings to draw a new congressional district map. He currently serves as chairman of the U.S. Senate and Governmental Affairs Committee.
On Wednesday, Kleinpeter said he has not worked on any maps. He is letting the committee members and the members of the Senate work on this with staff.
The move will come nine days after the U.S. Supreme Court on a 6-3 vote ruled one of Louisiana’s two majority-Black U.S. House districts unconstitutional.
“We can’t base it on race anymore, so the minority party is the Democrats,” he said. “The Democrats have migrated away from the New Orléans area, so we’re looking at Democrats versus Republicans, so the minority party — the Democrats — which means it’s more favored toward Baton Rouge.”
The move would work in favor of incumbent 6th District Congressman Cleo Fields, who was a candidate for the race which Gov. Jeff Lndry suspended in the wake of the Supreme Court decision.
The ruling stemmed from Louisiana vs. Callais – a consolidation of Robinson vs. Callais – that centered on racial gerrymandering and redistricting in the state of Louisiana following the 2020 United States census. The lead plaintiff, Phillip “Bert” Callais, is a resident of Brusly.
The Supreme Court vote came despite the African American population comprising nearly one-third of the state’s population.
According to the 2020 Census, the Black or African American population in Louisiana was approximately 1,464,023,representing 31.4%of the state’s total population. Louisiana has one of the highest percentages of Black residents in the United States, ranking second behind Mississippi.
The Baton Rouge district would likely be the area to undergo the remap, he said.
It amounts to an intricate balancing act.
“What far-right Republicans don’t understand is that with Congress maps, you have to be within 776, 280 votes – within 50 votes of the other districts,” Kleinpeter said. “It’s not like our legislative maps where you can be off by thousands … when you start changing a precinct, it can run down a rabbit hole chasing this precinct over here and over there.
“We can easily draw a really strong nine Republican and one strong Democrat, so if you start watering districts down you could wind up with a 4-2 map.”
Republicans currently have a two-vote super majority vote.
“But some Republican districts are strong and others are weak,” Kleinpeter said. “If you take 58 percent Democrats and put them in Republican districts, you could end up losing Republicans.
“Drawing congress maps is very difficult – you have the leader of the party, and you have the Speaker of the House you have to protect,” he said. “You don’t want to jeopardize their maps at hole.”
One other issue is looming for the state, Kleinpeter said.
“What people don’t understand is that we will have to do this all over again in five years, after the next census comes out,” he said. “Hopefully we’ll people by that time.”
The 2030 Census will play a key role in the process, but it still requires participation.
“I had plenty of next-door neighbors who didn’t want to fill out their census” he said. “I’m going to push to fill out their census. We miss out on federal money and potentially risk losing a seat. “
Neuty, the iconic Bucktown nutria visits the state capitol, with Myra Lacoste, Denny Lacoste, Lieutenant Governor Billy Nungesser, Dennis Lacoste Sr., and Louisiana state Senator J. Cameron Henry Jr. Neuty was an orphan, rescued by the Lacostes. In March 2023, LDWF agents attempted to confiscate the illegal pet.
VIDALIA, La. — Louisiana State Police arrested 18-year-old Gregory Steele early Sunday morning on two counts of vehicular homicide, one count of underage operating a motor vehicle while intoxicated, one count vehicular negligent injuring and one count careless operation, according to Concordia Parish Jail records.
Steele, 18, a white male, was arrested in connection with an accident that occurred at approximately 1:54 a.m. on Sunday morning on Minorca Road in Vidalia. Two passengers in the vehicle were killed. Steele and another passenger were able to escape the vehicle.
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