Sigma Beta XI Inc.; Andrew M., by and through his next friend Denise M.; Jacob T., by and through his next friend Heather T., on behalf of himself and all others similarly situated; J.F., by and through her next friend Cindy McConnell, on behalf of herself and all others similarly situated v. County of Riverside; Mark Hake, Chief of the Riverside County Probation Department, in his official capacity; Bryce Hulstrom, Chief Deputy of the Riverside County Probation Department, in his official capacity
Published: May 15, 2020 | Result Date: Jul. 9, 2019 | Filing Date: Jul. 1, 2018 |Case number: 5:18-cv-01399 Settlement – Injunctive Relief
Judge
Court
CD CA
Attorneys
Plaintiff
Sylvia Torres-Guillén
(Disability Rights Legal Center)
Hannah K. Comstock
(ACLU Foundation of Southern California)
Christine P. Sun
(States United Democracy Center)
Linnea L. Nelson
(ACLU Foundation of Northern California)
Sarah Hinger
(ACLU Foundation)
John David Loy
(ACLU Foundation of San Diego and Imperial Counties)
Melissa J. DeLeon
(ACLU Foundation of San Diego and Imperial Counties)
Moe Keshavarzi
(Sheppard, Mullin, Richter & Hampton LLP)
Andrea N. Feathers
(Sheppard, Mullin, Richter & Hampton LLP)
Michael Harris
(National Center for Youth Law)
Victor Leung
(ACLU Foundation of Southern California)
Alexis M. Piazza
(ACLU Foundation of Southern California)
Defendant
James E. Brown
(Office of the Riverside County Counsel)
Kelly A. Moran
(Office of the Riverside County Counsel)
Facts
Plaintiff Sigma Beta Xi, Inc. brought a putative class action against defendants the County of Riverside, Chief Probation Officer Mark Hake, and Chief Deputy Probation Officer Bryce Hulstrom in relation to defendants' Youth Accountability Team Program.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendants operated the Riverside County YAT Program in violation of the U.S. Constitution, California Constitution, and California Government Code. Plaintiff contended defendants placed children under probation supervision for normal, childish behavior, sweeping them into six-month terms of probation through its YAT Program. Plaintiff contended that the YAT program violated the children's due process rights by failing to give them adequate notice of their rights and failing to provide them with counsel. Further, plaintiff argued that the program imposed intrusive and unconstitutional contract terms allowing officers to search children in violation of their rights to be free from unreasonable searches and seizures and imposed supervision conditions that restricted their expressive and associational rights. Plaintiff also alleged that the program's referral practices led to racial disparities.
DEFENDANTS' CONTENTIONS: Defendants denied any violation of the U.S. Constitution, California Constitution, and California Government Code.
Result
The parties entered into a settlement agreement. Riverside County agreed to substantially change the YAT program to comply with federal and state constitutional law, provide free counsel for all youth referred to or enrolled in YAT, and invest nearly $8,000,000 into community-based organizations that deliver programs aimed to help at-risk youth, among other things.
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