Edwards v. Leaders in Community Alternatives
Private e-carceration, euphemistically known as “electronic monitoring,” involves a private company acting under a court order to strap one or more monitoring devices onto a person’s ankle that record their every movement. The company charges the wearer as much as $25 (or more) for each day the person is forced to wear the device.
Equal Justice Under Law attorneys spent six months speaking with activists and those subject to e-carceration before concluding that the practice amounted to extortion and violated the Constitution.
Our Lawsuit: On July 31, 2018, Equal Justice Under Law filed a federal civil rights complaint, Edwards v. Leaders in Community Alternatives, against Leaders in Community Alternatives (LCA), Alameda County, and LCA’s parent company, SuperCom. LCA is a private company that has a no-cost contract with Alameda to track people sentenced to wear an electronic monitoring device. LCA charges its “clients” — those sentenced to wear a monitor — a daily rate of $25 without any regard of the person’s financial situation. The complaint alleged that LCA engaged in racketeering because the Named Plaintiffs in the lawsuit, and many others, were forced to pay a daily rate far higher than they could afford, in violation of California law. If they failed to produce the money, LCA would threaten to report them to the court for non-compliance with the program rules, causing them to be sent to jail. The complaint alleged this amounts to extortion, an act that can form the basis for a racketeering charge.
The lawsuit sought to end LCA’s pay-or-jail scheme. It also claimed that putting criminal justice supervision in the hands of a private entity motivated by profit violates the 14th Amendment. The Plaintiffs also alleged that Alameda County is liable for damages for allowing LCA to engage in its predatory practices.
In December 2019, a federal judge ruled that LCA’s threats did not amount to extortion if the individual had signed an agreement to be on private probation during their onboarding process. This ruling is a dangerous no-limits rule for corporate exploitation.
In 2020, Equal Justice Under Law filed an appeal in the United States Court of Appeals for the Ninth Circuit to challenge this irrational ruling that would allow private corporations to exploit criminal defendants endlessly in their pursuit of profit. Unfortunately, the Ninth Circuit agreed with the lower court, holding that LCA's pay-or-jail business model did not amount to extortion.
While disappointed by this outcome, Equal Justice Under Law remains committed to fighting private profiteering in our criminal system.
case details
Status: Closed
Date Filed: 7/31/18
Plaintiffs: William Edwards, Robert Jackson, James Brooks, Kyser Wilson
Defendants: Leaders in Community Alternatives, Inc., Supercom, Inc., Linda Connelly, Diane Harrington, Kent Borowick, Raelene Rivas, Jeanette Arguello-Ramos, Belinda Doe, Alameda County, Wynne Carvill, Wendy Still
Jurisdiction: The U.S. District Court for the Northern District of California Oakland Division
