Jacksonville, FL -- On Wednesday, a federal judge issued a ruling in a lawsuit suing the Baker County Sheriff’s Office for denying immigrants access to counsel. In denying in part the Baker County officials' motions to dismiss the lawsuit, the court found that the plaintiffs had properly alleged constitutional violations against the county officials, including Sheriff Rhoden, and that the Baker defendants were not entitled to qualified immunity, allowing the First Amendment claims to proceed against Baker County Sheriff’s Office and its leaders.
In 2022, several non-profit organizations and people detained at the Baker County Detention Center collectively exercised their First Amendment rights to speak out against the facility’s inhumane conditions. In response, Baker leadership, including Sheriff Scotty Rhoden, Undersheriff Randy Crews, and Captain Evelyn Blue, retaliated by denying detained individuals’ attorneys access to the facility to conduct previously approved legal visits. Baker also instituted restrictive legal mail and telephone policies that inhibit detained individuals' ability to speak with legal counsel. Baker’s abusive and overly restrictive conditions persist today.
The ACLU of Florida, representing Jose Mejia Encarnacion, filed a lawsuit against the Baker County Detention Center and its officers alleging that those actions and policies violated their First Amendment rights to confidential legal communications and not to be retaliated against for their protected speech about the facility’s conditions.
“By denying the Defendants’ motion to dismiss this case, the court affirmed that detention centers like Baker cannot obstruct access to counsel without repercussions,” said Amy Godshall, immigrants’ rights attorney for the ACLU of Florida. “People in ICE detention have a First Amendment right to speak confidentially with their attorneys and to speak out about the facility’s conditions without facing retaliation. These are ongoing issues at Baker that warrant court intervention.”
“Baker has long been a dark and inhumane place for detained immigrants, suffering a range of well-documented abuses,” noted Katie Blankenship, legal counsel for the plaintiffs. “The impediments to legal counsel at Baker are unconstitutional, as are the retaliatory actions taken by Baker County Sheriff’s Office against attorneys and individuals in BCSO’s charge. We are heartened that the court sees the gravity of the harms happening daily at Baker and that he’s allowed this case to proceed. We look forward to continuing this case to protect the rights of individuals suffering at Baker.”
On July 1, 2024, the parties conducted a hearing on the defendants’ motions to dismiss. During this hearing, the Plaintiffs explained how the access to counsel impediments at issue in this lawsuit continue to harm those detained at Baker, urging the judge to deny the motions to dismiss so that the case could proceed. The recent ruling issued by the court allows the lawsuit to go forward. The trial is set to begin on May 5, 2025.
A copy of the court order can be found here.