Last week, the Proskauer community gathered for the 16th Annual Golden Gavel Awards ceremony to celebrate and honor those lawyers and staff members who went far above and beyond to contribute to the Firm’s pro bono, corporate social responsibility and Diversity, Equity & Inclusion efforts in 2023. Congratulations and thanks to the following colleagues for their extraordinary commitment to public service.
Proskauer Obtains Vacatur of Summary Judgment Entered Against Incarcerated Pro Bono Client
Proskauer recently prevailed at the Second Circuit on behalf of our incarcerated pro bono client, James Thomas, in an appeal that determined that Mr. Thomas was not provided adequate notice before the district court entered summary judgment against him. Proceeding pro se, Mr. Thomas brought claims for civil rights violations under the Fourth, Eighth, and Fourteenth Amendments against prison officials related to multiple searches. Defendants moved for summary judgment and provided Mr. Thomas with a short and plain statement providing an overview of summary judgment procedure. Under the district court’s local rules, however, represented parties moving for summary judgment against pro se litigants must also provide the full text of the applicable rules governing summary judgment procedure to ensure adequate understanding of the complicated nature and serious consequences of the motion. Despite this requirement, the district court excused defendants’ failure to provide documentation of the rules because, in its view, the plain statement they provided sufficiently advised Mr. Thomas of his obligation to submit evidence in opposition to summary judgment. The district court then entered summary judgment against Mr. Thomas, in part because he failed to adduce evidence specifically controverting defendants’ factual assertions, as the rules require.
The Real Price of Forced Prison Labor
The Thirteenth Amendment to the United States Constitution, adopted in 1865 at the conclusion of the Civil War, abolished slavery across the United States with one notable exception. According to the amendment, “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (emphasis added). In other words, slavery and involuntary servitude remain constitutionally acceptable forms of punishment for individuals who are convicted of crimes. This loophole has a disturbing history of being used to target Black Americans in the aftermath of the Civil War, with local authorities imprisoning thousands of formerly enslaved people on faulty charges and exploiting their labor. In upholding the legality of forced prison labor, the Virginia Supreme Court even went so far as to describe a prisoner who challenged the practice as a “slave of the State.” Ruffin v. Commonwealth (1871).
Immigration Update: Underlying Challenges at the Southern Border
Last week, Proskauer hosted a panel discussion focusing on the recent influx of migrants crossing the U.S. southern border and the urgent need for pro bono legal services. According to The New York Times, this past fiscal year nearly 2.5 million migrants crossed the U.S.-Mexico border, which is two and a half times greater than the number from four years ago. The large number of recent arrivals has overwhelmed an already strained system, as demonstrated by the current backlog of three million immigration cases — which has doubled since 2021 — pending before just 800 judges.
Proskauer Files Amicus Brief in Supreme Court in Support of Pregnant and Postpartum People in United States v. Rahimi
Proskauer and co-counsel Center for Reproductive Rights (“the Center”) submitted an amicus brief to the Supreme Court in United States v. Rahimi. The brief, filed on behalf of the Center in support of the United States, urged the Supreme Court to reverse the Fifth Circuit Court of Appeal’s decision finding 18 U.S.C. § 922(g)(8), a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms, unconstitutional. Oral argument took place on November 7, 2023.
Proskauer Joins American Civil Liberties Union to Protect Constitutional Rights of Incarcerated Individuals
On December 7, 2023, a team of Proskauer attorneys joined the American Civil Liberties Union (“ACLU”), the ACLU of Delaware, and attorneys from Shaw Keller LLP in filing a complaint against the state of Delaware on behalf of the Prisoners Legal Advocacy Network (“PLAN”) to protect the Constitutional right to vote for incarcerated individuals.
Proskauer Files Amicus Briefs in Support of Voting Rights
Proskauer teams recently submitted amicus briefs in two critical voting rights cases, which are becoming increasingly important in the runup to the 2024 U.S. elections. On August 18, 2023, Proskauer submitted an amicus brief to the United States Supreme Court on behalf of 30 historians and legal scholars specializing in the history of the Southern U.S. with a focus on South Carolina, race relations and election laws. The brief was submitted in support of appellees in Alexander v. The South Carolina State Conference of the NAACP. Then, on September 25, 2023, Proskauer filed— on behalf of the American Civil Liberties Union, the ACLU Foundation of Florida, the Brennan Center for Justice, and the NAACP Legal Defense and Educational Fund— an amicus brief in the Third District Court of Appeal of Florida in support of the appellee in the case of State of Florida v. Miller.