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.

The ACLU of Rhode Island is currently advocating for strong privacy protections to be included in a bill that undercuts the presumption of innocence and would require the collection of DNA from individuals who are merely arrested, but never convicted, for a wide array of crimes.

Due Process in the News

  • Mar, 02, 2018: ACLU of Rhode Island Raises Red Flags Over “Red Flag” Gun Legislation
  • Feb, 12, 2018: Court, While Questioning Providence Ordinance’s Effectiveness, Rules Against Rights of Students
  • Jan, 26, 2018: New Report Examines The Fallout From Overzealous ‘Tough-On-Crime’ Lawmaking

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Due Process Related Court Cases

2018: Calderon v. Nielsen
Category: Active Case    Discrimination    Racial/Ethnic Discrimination    Due Process    Fair Administration of Justice    Immigration    

About This Case:
This is petition for writ of habeas corpus on behalf of ICE detainee Lilian Calderon, 30, a Rhode Islander and Guatemalan immigrant mother of two who came to the U.S. when she was 3.

Current Status:
On February 13, Lilian was released from ICE detention while her case is pending.

Adriana Lafaille, Matt Segal - ACLU of Massachusetts


Supporting Documents
2017: Lacoste v. RI State Police
Category: Active Case    Due Process    Fair Administration of Justice    Open Government    Police Practices    


About This Case:
This is a lawsuit in U.S. District Court against the RI State Police for abusing their power by retaliating against a Warwick resident who declined to serve as an informant for the agency in an ongoing criminal investigation. The lawsuit argues that RISP relied on a dubious state law to bar the plaintiff from continuing to work at the Twin River Casino in Lincoln when she bowed out of assisting RISP as an informant.

Current Status:
Suit filed in November 2017.

ACLU Cooperating Attorney:
James W. Musgrave

Supporting Documents

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Due Process Related Legislation

“Red Flag” Gun Law (H 7688, S 2492)
Category: 2018    Due Process    

In the wake of the tragic shooting of students in Parkland, Florida, the General Assembly introduced so-called “Red Flag” legislation (H-7688S-2492) aimed at removing firearms via an “extreme risk protection order” (ERPO) from individuals who pose a “significant danger of causing personal injury to self or others.” While the ACLU lauds this effort to reduce gun violence, we have serious concerns about the impact on basic due process rights. As well intentioned as this legislation is, its breadth and its lenient standards for both applying for and granting an ERPO are cause for great concern, which is explained in detail in this 14-page analysis of the legislation.

Juvenile Interrogation (S 2430)
Category: 2018    Due Process    

Legislation introduced by Senator William Conley, S 2430 will require that a minor have a parent or guardian present during questioning by law enforcement. As one of our recent cases shows, juveniles are generally less able to understand their legal rights while being interrogated, yet law enforcement does so as if they were well-informed adults possessing a full understanding of the weight of an interrogation. Rhode Island law generally protects children who are interrogated while at school, requiring a guardian to be present. Yet, if the child’s first interaction with a police officer occurs off campus, no such protection currently applies. This legislation would rectify that difference.