Motion in lawsuit asks judge to immediately stop ABK Tracking from collecting fees
EVANSVILLE — Attorneys in the lawsuit against ABK Tracking and Vanderburgh County Circuit Court Judge David Kiely filed a motion this week asking the judge to immediately stop ABK's current supervision practices.
This means stopping the high fees that often results in the jailing of ABK users who cannot pay those amounts.
"It does not serve anyone’s interest to push already vulnerable people into poverty or to criminalize their indigence," the motion states, "conditioning freedom on the ability to pay ABK’s exorbitant fees undermines everyone’s interest in promoting stability."
The motion is set for a hearing Jan. 18 in Evansville in front of U.S. Magistrate Judge Matthew Brookman.
The suit was originally filed Aug. 30 by Evansville attorney Jeremy Schnepper and nonprofit law organization Equal Justice Under Law in U.S. District Court Aug. 30 on behalf of plaintiffs William Huggins and Keith Miller, as well as all who have been or will be charged fees by ABK.
More:Plaintiff in lawsuit against ABK, Vanderburgh County cites fees, treatment
The issues were brought to light in a series of Courier & Press articles that were cited in the lawsuit. Beginning in October 2021, the Courier & Press published an investigation into how the arrangement between ABK and the courts led to probation violations and jail time for those unable to pay the high cost of their fees.
ABK has until Jan. 3 to file its response to the motion requesting it immediately stop its fees. Heather Pritchett, director of development and communications for Equal Justice Under Law, said their reply to ABK will then be filed by Jan. 9.
If the court would rule in the plaintiffs' favor, Pritchett said ABK would have to immediately stop charging fees for people on ABK supervision, which includes both those on pretrial supervision and those on ABK supervision as a part of their sentence.
The motion
The 42-page motion for a preliminary injunction lays out the situations of both plaintiffs, as well as additional members of the suit.
The motion describes a woman who is on ABK home detention. She works at a fast food restaurant making $12 an hour where her take-home pay is around $1,000 a month.
ABK charges her between $600 to $700 a month in fees.
With around 60% of her income going to ABK, the motion states the mother of five cannot afford basic expenses such as food.
"ABK has not adjusted (the) fees," the motion states. "When (she) has shared with ABK staff that she cannot afford ABK fees, ABK staff responded that she should budget, rely on churches for furniture, and go to locations such as the Salvation Army for meals."
The motion argues the harm the plaintiffs will suffer without the injunction would be irreversible, while ABK will not be harmed if it is granted.
"What is more, all parties have an interest in promoting public safety, and ABK fees actively undermine that interest by destabilizing supervisees’ lives," the motion states.
The high fees and threat of jail endanger the person's employment, housing, mental health and family ties, according to the filing.
ABK undermines the public interest in the fair administration of justice, the motion states.
Citing Mayer v. City of Chicago, a case in which an indigent man was refused free trial transcripts for his appeal, the filing quotes then Supreme Court Justice William Brennan.
“Justice, if it can be measured, must be measured by the experience the average citizen has with the police and the lower courts.”
This article originally appeared on Evansville Courier & Press: Lawsuit asks judge to immediately stop ABK from collecting fees
