People’s Law Office Sues Sheriff Tom Dart for Violating the First Amendment

March 6, 2024

Chicago, IL — Cook County Sheriff Tom Dart illegally banned students Ethan Ostrow and Harley Pomper from Cook County Jail in retaliation for speaking out. Ostrow and Pomper are students at University of Chicago who facilitated creative writing workshops at the jail for two years. In May 2023, they published an Op-Ed arguing that Cook County Jail’s paper ban infringes on intellectual freedom.

After Ostrow and Pomper published the opinion piece, their security clearance was denied, preventing them from participating in the creative writing program the following school year. Sheriff Dart was the person ultimately responsible for the decision to have their clearance denied, according to the lawsuit.

This morning, Ostrow and Pomper sued Sheriff Dart for violating their First Amendment rights.

“We, and everyone who works or lives in the jail, have a right to speak without fear of retaliation,” said Ethan Ostrow. “We engaged in public dialogue about a policy of great public concern, impacting the lives and livelihoods of thousands of people. But this public debate breaks down when powerful people like Sheriff Dart retaliate against critics. Retaliation is an attempt to scare people into silence.”

“The First Amendment forbids government officials from punishing people for their speech,” said Attorney Brad Thomson of the People’s Law Office. “Sheriff Dart had my clients banned from volunteering at the jail simply because he disagreed with their viewpoint. Sheriff Dart’s actions are a flagrant violation of the Constitution, raising serious concerns about whether he is respecting the Constitutional rights of the people he is incarcerating at Cook County Jail.”

“Sheriff Dart banned us because we spoke out,” said Harley Pomper. “But this retaliation pales in comparison to the extremely common, far more severe retaliation against people in jail. Right now, Sheriff Dart is responsible for jailing 4,681 Chicagoans. The health and wellbeing of the people incarcerated by Sheriff Dart is part of the health and wellbeing of our city. The people inside, and people who provide services, need to be able to demand livable conditions, medical care, and, yes, access to paper without fear of retaliation.”

The complaint is available here and the original op-ed written by Ostrow and Pomper is available here.

People’s Law Office is a civil rights law firm based in Chicago that has been defending their clients’ Constitutional rights and fighting against police violence, wrongful convictions, and governmental abuses of power since 1969. 

People’s Law Office Files Wrongful Conviction Lawsuit in Minnesota on Behalf of Thomas Rhodes

On the one-year anniversary of his release from prison, Thomas Rhodes filed a federal civil rights lawsuit in Minneapolis, Minnesota, seeking accountability and compensation for the nearly 25 years he spent wrongfully imprisoned for his wife’s tragic accidental death in 1996.

Rhodes, represented by the People’s Law Office in Chicago, and the Law Office of Tim Phillips in Minneapolis, has brought this suit alleging that the defendants fabricated evidence and conspired to have him wrongfully convicted of murder.

The defendants in this lawsuit include former Ramsey County, Minnesota Medical Examiner Michael McGee, who has faced scrutiny for his questionable conduct in several wrongful convictions.

Mr. Rhodes was convicted of first-degree and second-degree murder and sentenced to life in prison in 1998, based on fabricated evidence and testimony manufactured by the defendants in the case. He was released from prison nearly 25 years later, on January 13, 2023, through the legal assistance of the Great North Innocence Project.

The complaint alleges that the defendants conspired to falsely implicate Mr. Rhodes in his wife’s accidental drowning death at a lake in Kandiyohi County, Minnesota. It details how McGee and a Patrol Captain for the Hennepin County, Minnesota Sheriff fabricated unsupported conclusions in reports and gave false testimony stating the death was a premeditated homicide, despite all scientific evidence to the contrary. Additionally, the complaint alleges that Kandiyohi County Attorney Boyd Beccue also secretly met with McGee to help manufacture a case against Mr. Rhodes.

Ten separate forensic pathologists reviewed the medical evidence and disagreed with McGee’s finding that the death was a homicide, yet Mr. Rhodes was convicted and sentenced to life in prison based on the fabricated evidence. He steadfastly maintained his innocence while imprisoned until January 2023, when his convictions were finally vacated after an investigation by the Minnesota Attorney General’s Office’s Conviction Review Unit determined the evidence was unreliable.

“Thomas Rhodes is an innocent man who lost nearly 25 years of his life due to these defendants conspiring to falsely implicate him for the accidental death of his wife,” said attorney Brad Thomson of the People’s Law Office in Chicago. “Over two decades in prison caused unfathomable harm and injustice. With this lawsuit, we intend to bring the defendants’ egregious misconduct to light and seek the measure of justice still owed to Mr. Rhodes.”

Mr. Rhodes has spent the past year adjusting to life outside of prison, stating, “I have gained my freedom. I now look forward to justice.”

The federal civil rights lawsuit was filed in the U.S. District Court for the District of Minnesota in Minneapolis. Mr. Rhodes is represented by People’s Law Office attorneys Brad Thomson, Ben Elson and Flint Taylor, with the assistance of People’s Law Office Fellow Tayleece Paul, and attorney Tim Phillips of the Law Office of Tim Phillips in Minneapolis.

A copy of the complaint is available here: Rhodes Complaint

Mutulu Shakur is Home!

People’s Law Office client and Black Liberation elder Mutulu Shakur has been released from prison after 36 years.

The full statement from the Family and Friends of Mutulu Shakur is below:

Today, the morning of December 16th, 2022, Dr. Mutulu Shakur was released from prison on parole!

The decision to grant parole is based on federal law guidelines for “old law” prisoners, finding that Dr. Shakur poses no threat to the community, taking into consideration his exemplary conduct in prison, his medical condition and how much time he has served. Mutulu is now with his family. This victory was secured by the steadfast support of his legal team, his family and his community comprised of all of you.

Family & Friends of Mutulu Shakur (FFMS) is greatly appreciative of everyone’s support over the course of Mutulu’s decades in prison. We ask that everyone respect Dr. Shakur’s privacy while he spends the holidays with his family and concentrates on his health and healing. Any inquiries to FFMS can be directed to info@mutulushakur.com, and we will be sure to release more information as it is available. May everyone celebrate the achievement of securing his release and deepen our commitment to a more just future.

2023 CIVIL RIGHTS LITIGATION AND MOVEMENT LAWYERING FELLOWSHIP

People’s Law Office is seeking one or more post-graduate fellows, beginning in the fall of 2023.

The program is a two-year commitment, with the possibility of continuing at the firm at the end of the fellowship. The program is designed for newly admitted attorneys (with less than 5 years experience) who are interested in civil rights and criminal defense litigation and working with and on behalf activists and organizers fighting for social change.

The Civil Rights Litigation and Movement Lawyering Fellowship will provide an opportunity to work in all practice areas in which People’s Law Office provides representation. Fellows will participate in all aspects of civil litigation in federal court, including written discovery and depositions, legal research, drafting motions and memos, and participating on trial teams. Additional opportunities include representation of clients in criminal matters at both the trial level and post-conviction phase.

Our attorneys and legal workers have successfully fought for the civil and human rights of people who have been wrongfully convicted, falsely arrested, tortured and subjected to other forms of state violence. Our office has also steadfastly provided legal support to social movements fighting for radical change, representing political organizations, campaigns, activists, and individuals who have faced government repression because of their political views or organizing work.

Qualifications

  • J.D. degree or expected by spring 2023
  • Admission to the Northern District of Illinois, or ability to be admitted by fall 2023
    • Preference toward candidates with anticipated or current admission to the Illinois bar
  • Strong research and writing skills
  • Experience working in civil rights or other aspects of public interest law
  • Demonstrated commitment to supporting marginalized and oppressed communities 
  • Experience and/or familiarity with social justice organizing and movements fighting for social change

Application Process

Please submit:

  • A cover letter or email describing your interest in civil rights litigation, movement lawyering, and the work of People’s Law Office.
  • A current resume
  • Law school transcript (unofficial is acceptable)
  • Writing Sample
  • 2-3 References

All materials should be sent via email to: Fellowship[at]peopleslawoffice.com

We will be conducting interviews and extending offers on a rolling basis.

Salary and Benefits

The position is a full-time, two-year position. Starting salary begins at $65,000 annually, with the potential for higher rates based on experience. Compensation also includes generous benefits and paid time off. 

Additional Information
Fellows are expected to live in, or be willing to move, to the Chicagoland area.

BIPOC, women, people of all gender identities and gender expressions, and persons with disabilities are encouraged to apply. 

Victory in Chicago Freedom School’s Lawsuit Against the City of Chicago

Today, we are proud to announce a victory in Chicago Freedom School’s lawsuit against the City of Chicago.

Today, the City of Chicago rescinded the cease and desist order it issued to the Chicago Freedom School on May 30, 2020!

On May 30, CFS, located in the South Loop, opened its space to provide support (including take-out pizza and store bought snacks for free) and rides home to Black and Brown young people protesting the racist police murders in downtown Chicago.

CPD officers and members of the Department of Business Affairs and Consumer Protection (BACP) showed up at CFS’s door and aggressively demanded to search the premises asserting that CFS was “housing and feeding protestors,” insinuating that was a crime which it is not.

After searching the premises, BACP members issued CFS an illegal “Cease and Desist” order falsely claiming the CFS was “preparing and serving food” on its premises without a commercial Retail Food Establishment License. CFS staff were threatened with arrest and the CFS fined if they continue to provide youth participants commercially prepared food, thereby shutting down this not for profit organization.

Joey Mogul of People’s Law Office and Sheila Bedi of the Community Justice and Civil Rights Clinic of Pritzker Northwestern School of Law filed a lawsuit in federal court on June 25, 2020 challenging the violations of CFS’s, Executive Director Tony Alvarado-Rivera’s and Wellness Director Jacqulyn Hamilton’s constitutional rights and demanding a preliminary injunction to prevent the enforcement of this illegal cease and desist order.

Today, the BACP formally rescinded the cease and desist order.

Check out CFS’s statement about this victory.

We are proud to represent CFS and we are inspired by their work in supporting young Black and Brown people in the City and their courage in standing up to the City of Chicago, CPD and BACP to demand respect for their rights and work.

Applications for Summer 2022 Internship

People’s Law Office is accepting applications for our 2022 summer internship and educational program, which focuses on civil rights litigation rooted in social and racial justice and radical legal work.

Interns will participate in a wide range of litigation-related work and will be exposed to a progressive law office that has been committed to being “people’s lawyers” since 1969. Our attorneys and legal workers have successfully fought for the civil and human rights of people who have been wrongfully convicted, falsely arrested and subjected to excessive force and torture at the hands of law enforcement officials and prosecutors. The office has also steadfastly represented political activists and individuals who have been targeted by government officials because of their political views or organizing work.

The program is open to law students. Candidates should demonstrate experience in and/or commitment to social justice, organizing and/or social movements. To apply please send a resume, cover letter and writing sample to plo[at]peopleslawoffice.com. Applications will be accepted until December 11, 2021, and will be reviewed on a rolling basis. Due to the current pandemic, we are prepared for the internship to take place remotely, so applicants are not required to reside in Chicago. A stipend will be available.

BIPOC, women, people of all gender identities and gender expressions, and persons with disabilities are encouraged to apply.  

50 Years of People’s Lawyering Forum

Featured

A Forum Commemorating the 50th Anniversary of People’s Law Office (PLO), 1969-2019

Panels, presentations and conversations between movement leaders, PLO lawyers, former political prisoners and current and former PLO clients.

12:10-12:30: The Founding of People’s Law Office and the Legacy of Fred Hampton

Former members of the Illinois Chapter of the Black Panther Party (TBA) in conversation, moderated by PLO co-founder Jeff Haas

12:40-1:40: Solidarity with Political Prisoners and Prisoner-led Struggles

Speakers:
•Zolo Azania: New Afrikan and former Death Row prisoner
•Nancy Kurshan: long-time activist, co-founder of the Yippies and author of “Out Of Control: A 15 Year Battle Against Control Unit Prions,”
•Mike Africa Jr. of the MOVE Organization and son of two recently released MOVE 9 members
•Ricardo Jimenez: former political prisoner of the struggle for liberation of Puerto Rico
•Benny Lee: One of the “Pontiac Brothers” of the Pontiac Rebellion and activist working with former prisoners
•Dennis Cunningham: PLO co-founder

Facilitated by PLO attorney Brad Thomson

1:50-2:50: Legal Support for Struggles Against Colonialism and Occupation

Speakers:
•José Lopez of Puerto Rican Cultural Center
•Dima Khalidi of Palestine Legal
•Hatem Abudayyeh of U.S. Palestinian Community Network
•Alberto Rodriguez: former political prisoner of the struggle for liberation of Puerto Rico and retired PLO paralegal

Facilitated by PLO attorneys Michael Deutsch and Jan Susler

3:00-4:00: Justice for Survivors of Chicago Police Torture

Speakers:
•Anthony Holmes: one of the first police torture survivors and member of Chicago Torture Justice Memorials (CTJM) and Board Member of Chicago Torture Justice Center (CTJC)
•Alice Kim: Co-founder of CTJM and Co-Director of Community Building for Prison + Neighborhood Art Project
•Darrell Cannon: police torture survivor, member of CTJM
•Aislinn Pulley: Co-Director of CTJC and co-founder of Black Lives Matter Chicago.

Facilitated by People’s Law Office attorneys Joey Mogul, John Stainthorp and Flint Taylor

4:10-5:00: Lessons of Movement Lawyering: For Today and the Future

Speakers:
Damon Williams of #LetUsBreathe Collective, Page May of Assata’s Daughters, and more TBA, in conversation with Christian Snow: Organizer and attorney with PLO

Light lunch and refreshments to be provided.

Janet and Janine Africa of MOVE 9 Released From Prison

May 25, 2019

People’s Law Office and the Abolitionist Law Center are proud to share that Janet Holloway Africa and Janine Phillips Africa of the MOVE 9 have been released from Pennsylvania state custody after more than forty years of incarceration. Earlier this morning, the MOVE sisters were finally released on parole from SCI Cambridge Springs and are now with family and friends. The sisters have been battling for their freedom after being consistently denied parole for a decade despite an impeccable disciplinary record and extensive record of mentorship and community service during their time in prison.

Janine Africa (left) and Janet Africa (right) of the MOVE 9, shortly after their release from prison

Following their 2018 parole denial, attorneys from Abolitionist Law Center and People’s Law Office filed petitions for habeas corpus seeking their release from prison. The habeas petitions challenged their parole denials on the grounds that the decisions were arbitrary and lacking in any evidence that Janet or Janine presented a risk to public safety. Under pressure from litigation and with a court date for May 28 looming, the Pennsylvania Board of Probation and Parole (board) granted Janet and Janine parole on May 14, 2019, just one day after the anniversary of the notorious May 13, 1985 bombing of the MOVE home.

“The release of Janet and Janine is a victory not only for them and their loved ones, but also for the MOVE Organization and the movement to free all political prisoners,” said attorney Brad Thomson of People’s Law Office. “Janet and Janine were excellent candidates for parole. They have been described by DOC staff as model prisoners and neither of them has had a single disciplinary incident in over twenty years. While in prison, they have participated in community fundraisers, and social programs, including training service dogs. They are remarkable women and they deserve to be free.”

Janine Africa (left) and Janet Africa (right) with People’s Law Office attorney Brad Thomson (center)

Like Debbie and Mike Africa, who were released last year, Janet and Janine are now able to experience holding their loved ones outside of prison walls for the first time in decades. The release of Janet and Janine after forty years is the culmination of the MOVE organization, public support, legal action, and policy changes.

Three other members of the MOVE 9 remain incarcerated (Chuck, Delbert and Eddie Africa), while two others (Merle Africa and Phil Africa) died in custody. Abolitionist Law Center and People’s Law Office represent Chuck, Delbert and Eddie in the struggle for their freedom. To support the fight, you may donate to the MOVE9 Legal Fund.

Press Contact:

Mike Africa Jr.,MikeAfricaJr [at] gmail.com

Brad Thomson bradjaythomson[at]gmail.com 773-297-9689

People’s Law Office Files First Amendment Lawsuit against IDOC for Shutting Down Debate Program

PRESS RELEASE – FOR IMMEDIATE RELEASE
Wednesday, May 15, 2019

CONTACT: Brad Thomson, People’s Law Office, (773) 235-0070 ext. 123

Illinois Prisoners File First Amendment Lawsuit Demanding Return of Debate Program

IDOC officials opposed prisoners addressing Illinois legislators regarding parole and they retaliated by cancelling a debate program

Five prisoners at Stateville Correctional Center have filed a federal civil rights lawsuit against officials from Illinois Department of Corrections (IDOC) for violating the prisoners’ First Amendment right to free speech.

The lawsuit was filed in the Northern District Court of Illinois on May 15, 2019 by the plaintiffs’ attorneys Brad Thomson and Michael Deutsch of People’s Law Office, along with Joshua Herman of the Law Offices of Joshua G. Herman.

The plaintiffs: Lester Dobbey, Joseph Dole, Raul Dorado, Benard McKinley, and Eugene Ross, were all students in a debate class taught at Stateville, a maximum security prison operated by IDOC.

The debate class, which ran from approximately October 2017 to May 2018, had 14 students, all with very lengthy prison sentences. The class was taught by a volunteer instructor who is well respected in the competitive debate community.

The plaintiffs and other members of the debate class decided to debate how Illinois might implement a parole system to provide opportunities for parole to Illinois prisoners with long and/or life sentences.

IDOC officials approved their request to have a public debate, which occurred in March 2018 and was attended by approximately 18 members of the Illinois General Assembly. A number of journalists, IDOC officials, members of the Illinois Prisoner Review Board, and other members of the public also attended.

Members of the public responded positively to the debate and the event was followed by a question and answer session in which state legislators posed thoughtful questions to the debaters.

After this highly successful public event, defendant Gladyse Taylor, assistant director of IDOC, expressed her opposition to the plaintiffs communicating with Illinois legislators regarding parole. Defendant Taylor made it clear that she would take steps to prevent the plaintiffs from expressing such messages. Defendant Taylor, along with other IDOC officials, then cancelled the debate class and another scheduled debate event.

The lawsuit seeks for the debate program be reinstated and other relief related to the alleged violations of the Plaintiffs’ First Amendment rights to free speech.

“These men were exercising their right to freedom of speech,” says Brad Thomson, one of the plaintiffs’ attorneys with People’s Law Office. “The fact that they were using their Constitutional right to effectively advocate for parole to legislators angered certain IDOC officials. When state actors use their power to retaliate and shut down speech because it differs from their personal political agenda, it is an abuse of their authority and a violation of the Constitution.”

One of the plaintiffs, Benard McKinley went to prison at the age of 16. In describing the debate program, he says, “For decades, IDOC officials have felt the need to paint this negative picture to the citizens of Illinois that all those who are incarcerated behind these walls are to be considered dangerous and unredeemable. Being part of the debate team, and being able to deliver this positive message, but needed message, to the citizens of this state in our first ever live debate, I was able to see that what we was showing and saying at this debate was contrary to IDOC’s negative narrative.” 

Like Mr. McKinley, all the plaintiffs in the lawsuit went to prison at very young ages and are serving an extensive prison sentences and currently have not opportunity for parole. They have all actively sought out educational and programmatic opportunities to foster their rehabilitation, which is why they were selected for the debate program.

Joseph Dole, one of the plaintiffs, says, “Prison debate teams have been around for decades. They have universally been seen as important rehabilitative tools across the country.”

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People’s Law Office is a civil rights law firm headquartered in Chicago that has been defending our clients’ Constitutional rights and fighting against police misconduct, wrongful convictions, and governmental abuses of power since 1969.