Boyer v. Jeremiah - A court case that The ACLU of Rhode Island is currently involved in.

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Boyer v. Jeremiah (2010)

Category: Active Case    Due Process    Fair Administration of Justice    Students' Rights    Youth Rights    

A class-action lawsuit charging that the state’s truancy court system is devoid of due process protections in violation of state and federal law. Filed in the Rhode Island Superior Court against a number of state family court judges and officials of six school districts including Providence, the lawsuit charges that the truancy courts are frequently punitive in nature, and that truancy court magistrates threaten vulnerable children and their parents with baseless fines and imprisonment, remove children from the custody of their parents without legal justification and fail to keep adequate records of court hearings. The lawsuit also charges that the court system disproportionately impacts children who have difficulty attending school or doing their schoolwork because of special education or medical needs.

The lawsuit seeks a preliminary injunction requiring an initial investigation of truancy charges before petitions are filed; the transcribing or reporting of all truancy court proceedings; and that the court be barred from issuing orders against students and parents over whom it has no jurisdiction. The lawsuit also seeks final declaratory and injunctive relief requiring that court and school officials abide by federal state and constitutional and state statutory law.

Cooperating Attorneys: Amy R. Tabor and Thomas W. Lyons (with Robin L. Dahlberg and Yelena Konanova of the ACLU Racial Justice Program, and Deborah N. Archer of New York Law School)

Misc. Court Documents:

Related Documents
Related News Releases
  • Dec 12, 2012 - State Supreme Court Rules Truancy Lawsuit Moot While Acknowledging Constitutional Rights of Families
  • Nov 02, 2010 - ACLU Sues More School Districts in Truancy Court Lawsuit
  • Oct 08, 2010 - Judge Denies Motion to Dismiss Truancy Court Lawsuit
  • Aug 02, 2010 - Professors of Legal Ethics File Brief Opposing Judges’ Efforts to Oust Lawyers in Truancy Court Case
  • Jun 28, 2010 - ACLU Challenges Judges’ Attempt to “Gag” Lawyers In Truancy Court Case
  • May 13, 2010 - Woonsocket Education Department Agrees To Stop Sending 
Children To Unlawfully Operated Rhode Island
  • Apr 30, 2007 - ACLU Brief Challenges Legality of Truancy Courts