Due Process Issues The ACLU of Rhode Island is Involved With - Court Cases, Legislation, News Releases


Protecting Civil Liberties in Rhode Island for Over 50 Years


Due Process

The ACLU of Rhode Island fights to ensure that government agencies and municipalities proceed fairly when dealing with citizens in their day-to-day dealings with the bureaucracy and in the court system. Legal rights cannot be vindicated when the government denies or severely limits the rights of individuals to seek relief in the courts, or fails to give them a meaningful opportunity to be heard and contest actions that affect their liberty.

Due Process in the News

  • Jun, 04, 2020: DLT Agrees to Take Interim Action to Address Lack of Notice over Frozen Unemployment Payments
  • May, 27, 2020: ACLU Sues Over Frozen Unemployment Insurance Payments
  • May, 11, 2020: ACLU Settles Latest UHIP-Related Lawsuit Dealing with Inadequate Notices Provided SNAP Recipients

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Due Process Related Court Cases

2020: Hanson et. al. v. RIDLT
Category: Active Case    Discrimination    Rights of the Poor    Due Process    Right to Petition & Protest    Workplace Rights    

About this Case:
This is a class-action lawsuit challenging the RI Department of Labor and Training’s (DLT) actions in summarily freezing unemployment insurance payments to hundreds of Rhode Islanders without notice or explanation.

Current Status:
DLT has agreed to take interim action to address the issue.  Press release below for more information.

ACLU of RI Cooperating Attorneys:
Ellen Saideman; Lynette Labinger

Supporting Documents
2020: Yanes et. al. v. ICE
Category: Active Case    COVID-19    Due Process    Immigration    

About this Case:
This is a class-action lawsuit seeking the release of all ICE detainees being held at the Wyatt Detention Center in Central Falls.

Current Status:
Lawsuit filed in May 2020.

ACLU of RI Cooperating Attorneys:
Deborah Gonzalez; Jared Goldstein

Supporting Documents

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Due Process Related Legislation

Juvenile Interrogation (H 7431) Held for Further Study
Category: 2020    Due Process    

It’s no surprise that juveniles are generally less able than adults to understand, and act upon, their legal rights while being questioned, but law enforcement proceeds as if they are well-informed adults with a full grasp of the situation. H 7431, introduced by Rep. Rebecca Kislak, would prohibit the questioning of a juvenile suspected of criminal activity without a parent or legal guardian present. A case recently handled by the ACLU, in which an 8-year-old girl was removed from a school bus, transported to the police, interrogated, and detained without her parents’ knowledge, encapsulates the need for this important legislation.

Advanced Practice Registered Nurses (H 7235) Held For Further Study
Category: 2020    Due Process    

Opposed by the ACLU, this legislation would allow Advanced Practice Registered Nurses (APRN) to attest to a patient’s mental health condition and participate in certifying patients for mandated outpatient treatment, an action which is presently something that only doctors can do. Although we understand the role that APRNs play in the mental health community, we argued that when it comes to medical recommendations for involuntary treatment, patients are stripped of critical elements of due process when the decision is in the hands of anyone but those of a physician.