ACLU Case Dismissed by Agreement with Favorable Reforms for Current and Future Inmates
10/11/2024The case filed by the American Civil Liberties Union (ACLU) and outside counsel HSSK against Connecticut’s Governor and Attorney General challenging Connecticut’s pay-to-stay law was dismissed by agreement, marking a significant development for formerly incarcerated individuals. The lawsuit, which sought relief on behalf of a proposed class, catalyzed substantial changes to the state’s carceral lien statute and led to favorable outcomes for the plaintiffs.
The filing of the suit prompted the state legislature to amend the carceral lien statute, implementing critical exemptions. Under the new provisions, any monies awarded in civil actions are now fully exempt from recovery by the state, and the first $50,000 of a former inmate’s net worth is protected from liens. These reforms provide substantial financial protections for individuals reentering society and ensure that more of their assets remain intact post-incarceration.
While the court found that determining whether an individual’s lien violated the Excessive Fines Clause of the U.S. Constitution would require an individualized assessment, making classwide relief impossible, the case still achieved significant results. The state ultimately agreed to withdraw its liens and claims entirely against the three named plaintiffs, safeguarding their inheritances.
The resolution of this case marks a significant win for our clients and current and future inmates in Connecticut. The plaintiffs’ inheritances are now secure, and the broader class of formerly incarcerated individuals has gained important protections through statutory amendments.