In January 2022 NPAP launched our inaugural impact litigation program to support NPAP members working to challenge patterns of police and corrections officer abuse and misconduct. Funding for this program comes from #startsmall, a grant program of Twitter/Square CEO Jack Dorsey.
The primary goal of this program is to provide direct assistance to our members as they develop and litigate cases for injunctive relief, and to expand their capacity to take on entire police departments and jails. This program focuses on supporting members in regions that have historically lacked strong infrastructural support for civil rights attorneys, as well as suburban and rural communities.
With this funding, NPAP is able to co-counsel with individual members and fund the costs of litigation in select cases.
Our legal director, staff attorney and legal fellow are the backbone of this program, providing assistance and expertise in pre-suit investigations, including but not limited to submitting freedom of information requests, litigating disputes over records, recruiting additional plaintiffs, and helping experts to analyze data and identify patterns. We also serve as full-partners in the litigation if a case is filed.
If you are interested in applying for co-counsel support from NPAP, please know we are prioritizing:
- Cases from NPAP members based in regions lacking robust support networks for civil rights lawyers, underserved regions, and suburban or rural communities who have identified an individual instance of misconduct and are interested in investigating law enforcement agency policies, customs and training practices.
- Cases from NPAP members based in regions underserved by civil rights lawyers as well as suburban or rural communities who already have evidence to support claims of systemic issues but need additional attorney support to effectively litigate the case.
At this time, only current NPAP members are able to apply for co-counsel support. If you are a civil rights attorney, legal worker, or law student working to challenge police misconduct in your community, we encourage you to become a member.
Beyond litigation, our co-counsel program includes adding pattern and practice litigation training to our continuing legal education (CLE) curricula. This permissions-protected section of our website will be available to all members and will include models and examples of pleadings, discovery requests, and legal memoranda used to sue police departments and jails for unconstitutional patterns and practices.
Below are the current cases NPAP is working on.
Javon Kennerson was 37 years old when he died in the custody of the Louisiana Department of Public Safety and Corrections, while incarcerated at Catahoula Correctional Center, a private prison facility operated by LaSalle Corrections, LLC. Despite Mr. Kennerson’s severe and obvious mental health issues in the weeks preceding his death, staff at LaSalle failed to provide the most basic care for him, allowing Mr. Kennerson’s mental and physical health to rapidly deteriorate under their watch.
Glendening et. al v. Howard et. al is a class action lawsuit filed on behalf of individuals currently being held pretrial while on the waitlist for an evaluation or treatment bed at Larned State Hospital. The Kansas Department of Aging and Disability Services (KDADS) runs the forensic unit at Larned State Hospital, and has for years used a waitlist for bed space in the unit.
In December 2021, the average wait time for competency evaluations and restoration treatment for people facing criminal charges was 11 months, with instances of wait times as long as 13 months. In some instances these delays are so severe that an individual may spend more time waiting in jail for an evaluation or treatment bed, pretrial, than they would face in prison if they were convicted.
We are seeking declaratory and injunctive relief to reduce these unconstitutional, unlawful and health-deteriorating wait times for evaluations and treatment.